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Full text of "North Carolina Register v.5 no. 19 (1/2/1991)"



'W.CFIVED 



3AN 4 ic)9i 

iAW LIfaKARY 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



NOTICE OF PETITION 



PROPOSED RULES 

Dental Examiners 

Environment, Health, and Natural Resources 

Justice 

Nursing, Board of 

Nursing Home Administrators 

Plumbing and Heating Contractors 

State Personnel 

State Treasurer 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: JANUARY 2, 1991 
Volume 5 • Issue 19 • Pages 1 177-1214 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise appro.ximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
x'ided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agencN' intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrati\e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be a\ailable for 
public inspection at the Rules Di\ision of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 davs must elapse follo\^■ing publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\al by 
the Administrative Rules Re\iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary' rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 da 
whichever is less. An agency adopting a temporary r 
must begin normal rule-making procedures on the ] 
manent rule at the same time the temporary rul 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC 
a compilation and index of the administrative rule 
25 state agencies and 38 occupational licensing boar 
The NCAC comprises approximately 15,000 letter si 
single spaced pages of material of which approxims 
ly 35 "o is changed annually. Compilation and publi 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. E 
state agency is assigned a separate title which is f 
ther broken down by chapters. Title 21 is designa 
for occupational licensing boards. 

The NCAC is a\'ailable in two formats. 

(1) Single pages may be obtained at a minimi 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0.15) per ej 
additional page. 

(2) The full publication consists of 52 volum 
totaling in excess of 15,000 pages. It is s 
plemented monthly with replacement pages 
one year subscription to the full publication 
eluding supplements can be purchased 
seven hundred and fifty dollars ($750.00) 
dividual volumes may also be purchased w 
supplement service. Renewal subscriptions 
supplements to the initial publication availa 

Requests for pages of rules or volumes of the NC 
should be directed to the Office of Administrat 
Hearings. 

NOTE 

The forego ag is a generalized statement of the p 
cedures to be followed. For specific statutorv langua 
it is suggested that Articles 2 and 5 of Chapter 150E 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The Nortli Carolina Register is cited by volume, iss 
page number and date. 1:1 NCR 101-201, April 1, 1 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198 



North Carolina Register. Published bi-monthly b> 
the Office of Administrative Hearings, P.O. Drawer 
1 1666, Raleigh, North Carolina 27604, pursuant tc 
Chapter 150B of the General Statutes. Subscription; 
one hundred and five dollars ($105.00) per year 
North Carolina Administrative Code. Publishec 
in looseleaf notebooks with supplement service b) 
the Office of Administrative Hearings, P.O 
Drawer 1 1666, Raleigh, North Carolina 27604, pur 
suant to Chapter 150B of the General Satutes 
Subscriptions seven hundred and fifty dollar; 
($750.00). Individual volumes available. 



1 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




I. NOTICE OF PETITION 

Municipal Incorporation. 



.1177 



Office of Adminhtrathe Hearings 

P. O. Drawer 11666 

Raleigh. AC 27604 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



II. PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Environmental Management....! 185 

Health Services 1188 

Wildlife Resources 

Commission 1 186 

Justice 
Criminal Justice Education 

and Training Standards 1178 

Licensing Boards 
Dental Examiners, Board of ....1196 

Nursing, Board of 1 199 

Nursing Home 

Administrators 1203 

Plumbing and Heating 

Contractors 1204 

State Personnel 

State Personnel Commission ...1206 
State Treasurer 
Local Government 
Commission 1 195 

m. ARRC OBJECTIONS 1207 

rV. RULES CSVALIDATED BY 

JUDICIAL DECISION 1210 

V. CUMULATFV E INDEX 1212 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


******** 


***+++++ 


++++++♦+ 


++++++++ 


+*+++++* 


040290 


03'12'90 


03/19/90 


05/02/90 


08/01/90 


04; 16; 90 


03/23,90 


03/30/90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05/15/90 


04/24 90 


05/01,90 


06/14/90 


09,01/90 


06/01; 90 


05/10/90 


05/17,90 


07/01/90 


10/01/90 


06 15,90 


05 24 90 


06/01/90 


07/15/90 


10/01/90 


07/02,90 


06/11,90 


06/18/90 


08/01 90 


11/01/90 


07/16/90 


06,'22'90 


06'29,90 


08/15/90 


11/01/90 


08/01 90 


07/11/90 


07,18,90 


08/31/90 


12;01/90 


08/15/90 


07/25/90 


08/01/90 


09/14/90 


12/01/90 


09 04 90 


08'13 90 


08/20,90 


10/04/90 


01/01/91 


09/14,90 


08 '2490 


08/31/90 


10/14/90 


01/01/91 


10/01,90 


09/10/90 


09/17/90 


10/31/90 


02/01/91 


10/15,90 


09/25,90 


10/02/90 


11/14/90 


02/01/91 


11/01/90 


10/11/90 


10/18/90 


11/30/90 


03/01/91 


11/15/90 


10/24/90 


10/31/90 


12/14/90 


03'01/91 


12/03/90 


11/08/90 


11/15;90 


01/02/91 


04,01/91 


12 14 90 


11/2190 


11/30/90 


01/13/91 


04 '01/91 


01,02,91 


12/07/90 


12/14/90 


02/01/91 


05,01/91 


01/15/91 


12/20/90 


12/31/90 


02/14/91 


05/01/91 


02/01/91 


01/10/91 


01/17;91 


03/03/91 


06/01/91 


02/ 15; 91 


01/25/91 


02/01/91 


03/17/91 


06/01/91 


03,0191 


02/08/91 


02/15/91 


03/31/91 


07/01/91 


03; 15, 91 


02-22/91 


03/01; 91 


04/14/91 


07,01/91 


04/01/91 


03/11/91 


03/18/91 


05/01/91 


08/01/91 


04 15,91 


03/22/91 


04/01/91 


05/15/91 


08/01/91 


05/01/91 


04/10/91 


04/17,91 


05/31/91 


09/01/91 


05/15,91 


04/24 ,'91 


05;01;91 


06 '14/ 91 


09 '01/91 


06/03 91 


05' 10/91 


05/17/91 


07 03/91 


10,01/91 


06/14/91 


05/23.'91 


05/31/91 


07/14/91 


10/01/91 


07/01 91 


06' 10/91 


06 '17/ 91 


07,31/91 


11/01/91 


07/15/91 


06/21/91 


06 28/91 


08/14/91 


11/01/91 


08,'01 91 


07/11/91 


07/18,91 


08/31/91 


12/01/91 


08; 15 91 


07/25 91 


08/01/91 


09' 14/91 


12/01/91 


09/03 91 


08/12/91 


08/19,91 


10/03/91 


01/01/92 


09/16 91 


08/23/91 


08/30,91 


10/16,91 


01/01/92 


10/01, '91 


09/10/91 


09/17/91 


10/31/91 


02/01/92 


10/15/91 


09/24/91 


10 01/91 


11/14/91 


02/01/92 


11/01/91 


10/11 '91 


11) IS 91 


12,01/91 


03/01/92 


11/15,'91 


10/24 '91 


10 31,91 


12'15'91 


03/01/92 


12 0291 


11 '07 91 


11 14,91 


01 '01 '92 


04 01/92 


12/16,91 


11/21 91 


12; 02, 91 


01/15 92 


04,01/92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the n-ile with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



NOTICE OF PETITION FOR MUNICIPAL INCORPORA TION 



[G.S. I50B-63(dl ) requires publication of Notice that a Petition for Incorporation has been filed 
with the Joint Legislative Commission on Municipal Incorporations]. 



In accordance with G.S. 120-165, the Joint Legislative Commission on Municipal Incorporations 
gives notice that it has received a petition for the incorporation of the Town of Foscoe-Grandfather in 
Watauga County. A copy of G.S. 120- 165 is reprinted below. 

§120-165. Initial inquirj. 

(a) The Commission shall, upon receipt of the petition, determine if the requirements of G.S. 
120-163 and G.S. 120-164 have been met. If it determines that those requirements have not been met, 
it shall return the petition to the petitioners. The Commission shall also publish in the North Carolina 
Register notice that it has received the petition. 

(b) If it determines that those requirements have been met, it shall conduct further inquiry as 
provided by this Part. 

Sincerely, 



Gerry F. Cohen 

Counsel, Joint Legislative Commission 

on Municipal Corporations 



In accordance with G.S. 120-165, the Joint Legislative Commission on Municipal Incorporations 
gives notice that it has received a petition for the incorporation of the Town of Wfiitsett in Guilford 
County. A copy of G.S. 120-165 is reprinted below. 

§120-165. Initial inquin-. 

(a) The Commission shall, upon receipt of the petition, determine if the requirements of G.S. 
120-163 and G.S. 120-164 have been met. If it determines that those requirements have not been met, 
it shall return the petition to the petitioners. The Commission shall also publish in the North Carolina 
Register notice that it has received the petition. 

(b) If it determines that those requirements have been met, it shall conduct further inquiry as 
provided by this Part. 

Sincerely, 



Gerr\' F. Cohen 

Counsel, Joint Legislative Commission 

on Municipal Corporations 



5:19 NORTH CAROLINA REGISTER January 2, 1991 1177 



PROPOSED RULES 



TITLK 12 DEPARTMENT OF JUSTICE 

lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the North Carolina Criminal Justice 
Education and Training Standards Commission 
intends to amend rule(s) cited as 12 XCAC 9B 
.0228. .030/ - .0307. 

1 he proposed effectixe date of this action is June 
I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on February 15. 1991 at the Hearing Room 
of the Alcoholic Beverage Control Commission 
Building. 3322 Old Garner Road, Raleigh, Sorth 
Carolina 2^610-5631. 



identified topical areas and minimum instruc- 
tional hours for each area: 



Cc 



omment Procedures: .Any person interested in 
these Rules may present oral or written comments 
relevant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing should be directed to 
Scott Peny. Deputy Director. The proposed rules 
are a\ailable for public inspection and copies may 
be obtained at the following address: 

Criminal Justice Standards Division 
.\orth Carolina Department of Justice 

I West Morgan Street 

Room 123. Court of .Appeals Building 

Post Office Drawer 149 

Raleigh, Sorth Carolina 2'^602 

CM \F>TFR 9 - CRIMINAL JUSTICE 
EDUCATION AND TRAINING STANDARDS 

SUBCHAPTER 9B - STANDARDS FOR 

CRIMINAL Jl STICE EMPLOYMENT: 

EDUCATION: AND TRAINING 

SECTION .0200 - MINIMUM STANDARDS FOR 

CRIMINAL .ILSTICE SCHOOLS AND 

CRIMINAL JLSTICE TRAINING PROGRAMS 

OR COURSES OF INSTRLCTION 

.0228 BASIC TRAINING - WILDLIFE 
ENFORCEMENT OFFICERS 

(a) The basic training course for wildlife 
enforcement officers appointed by the WUdhfe 
Resources Commission as authorized under 
General Statute 113-136 shall consist of a mini- 
mum of ^^ 556 hours of instruction designed to 
pro\ide the trainee with the skills and knowledge 
to perform those tasks essential to function as a 
wildlife enforcement officer. 

(b) Each basic training course for wildlife 
enforcement officers shall include the following 



(1) 
(2) 
(3) 

(4) 
(5) 

(6) 



Course Orientation 
Constitutional Law 
Laws of Arrest, Search 
and Detention 
Mechanics of /Vrrest, 
Arrest Procedures 
Law Enforcement 
Communications and 
Information System 
Elements of Criminal 



2 Hours 
4 Hours 

16 Hours 

8 Hours 

4 Hours 





Law 


24 Hours 


(7) 


Defensi\e Tactics 


32 Hours 


(8) 


Juvenile Law and 






Procedures 


8 Hours 


W 


EmorLjuncy M^jdical 




s 


iersices 


34 Hours 


C^; 


first Responder 


40 Hours 


(10) 


firearms 


40 Hours 


(11) 


Hunter Safety 


10 Hours 


(12) 


Patrol Techniques 


16 Hours 


(13) 


Eield Notetaking and 






Report Writing 


12 Hours 


(14) 


Crisis Management 


10 Hours 


(15) 


Criminal In\estigation 


12 Hours 


(16) 


Inter\iews; Eield and 






In-Custody 


8 Hours 


(17) 


Controlled Substances 


6 Hours 


(18) 


ABC Laws and 






Procedures 


4 Hours 


(19) 


Electrical and Hazardous 
Material Materials 






Emergencies 6 


12 Hours 


(20) 


Law Enforcement Drivers 






Training 


40 Hours 


(21) 


Preparing for Court and 






Testifying in Court 


12 Hours 


(22) 


Game and Eish Laws 


36 Hours 


(23) 


Motorboat Laws 


12 Hours 


(24) 


Boating Procedures & 






Small Boat Handling 


20 Hours 


(25) 


Dealing w ith Problem 






rVnimal Situations 


4 Hours 


(26) 


Basic Eield Identifi- 






cation of fishes 


6 Hours 


(27) 


Basic field Identifi- 
cation of Game .Animals, 
Game Birds and Non-Game 






.Animals 


2 Hours 


(28) 


Identification of Mig- 






rator}" Waterfowl 


2 Hours 


(2Q) 


Endangered Species 


2 Hours 


(30) 


Trapping 


8 Hours 


(31) 


Water Safet\' and Swimming 


16 Hours 


(32 J 


Knotsmanship, A Practical 






Use of Rope 


2 Hours 



I ITS 



5: 1 9 l\OR TH CAR OL L\A R EG IS TER Januaiy 2, 1991 



PROPOSED RULES 



(33) 

(34) 

(35) 
(36) 
(37) 
(38) 
(39) 
(40) 
(41) 



Wildlife Law Enforcement 

and the Media 8 Hours 

Motorboat Accident 

Investigation 12 Hours 

Civil Disorders 12 Hours 

Radiological Monitoring 16 Hours 

Covert Activities 2 Hours 

Basic Photography 8 Hours 

Motor Vehicle Laws 6 Hours 

DWI Enforcement 2 Hours 

Physical Training 60 Hours 



Statutory Authority G.S. 17C-6; I7C-I0. 

SECTION .0300 - MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE INSTRUCTORS 

.0301 CERTIFICATION OF INSTRUCTORS 

(d) The Standards Division may notify an ap- 
plicant for instructor certification or a certified 
instructor that a deficiency appears to exjst and 
attempt, in an advisory capacity, to assist the 
person in correcting the deficiency. 

(e) When any person ccrtilied as an instructor 
by the Commission is found to have knowingly 
and willfully violated any provision or require- 
ment of these Rules, the Commission may take 
action to correct the violation and to ensure that 
the violation does not reoccur, including: 

( 1) issuing an oral warning and request for 

compliance; 

issuing a written warning and request for 

compliance; 
issuing an official written reprimand; 

(4) suspending the individual's certification for 
a specified period of time or until accept- 
able corrective action is taken by the in- 
dividual; 

(5) revoking the Lndividuafs certification. 

(f) (4) The Commission may deny, suspend, or 
revoke an instructor's certification when the 
Commission fmds that the person: 

(1) has failed to meet and maintain any of the 
requirements for qualification; or 

(2) has failed to remain currently knowledge- 
able in the person's areas of expertise; or 

(3) has failed to deliver training in a manner 
consistent with the instructor lesson plans 
adopted by the Commission; or 

(4) has failed to follow specific guidelines as 
adopted by the Commission in any cur- 
rent course management guide; or 
has demonstrated unprofessional personal 
conduct in the delivery of comrrussion- 
mandated training; or 






(51 



(6) (4-^ domonotratoo has otherw^ise demon- 



strated instructional incompetence; or 



(7) has knowingjy and willfully obtained, or 
attempted to obtain instructor certif- 
ication by deceit, fraud, or misrepresen- 
tation. 
(#) Prior to the Commission's action denying, 
Guoponding, &f ro voicing a "G e neral Instructor 
Cortifioation", "Spooifio Instructor 

Certification", "Profosoional Locturor Cortif 
ioQtion", "Radar Instructor Certification", ef 
"Radar ae4 Time? Distanco Spood Moaouromont 
Instrum e nt Instructor Certification", tfee Stand 
afds Division may notify the person that a de6- 
cionoy appears te- e xist a«4 attempt, i» aft 
advisory capacity, te aosiot the person » corroot 
iftg the deficiency. 

Statutory Authority G.S. I7C-6. 

.0302 GENERAL INSTRUCTOR 
CERTIFICATION 

Certifications issued in this category after De- 
cember 31, 1984 shall be limited to those topics 
which are not expressly incorporated under the 
Specific Instructor Certification categor}'. Indi- 
viduals certified under the general instructor cat- 
egor>' are not authorized to teach any of the 
subjects specified in Rule .0304, entitled "Specific 
Instructor Certification". To qualify for issuance 
of General Instructor Certification, an applicant 
shall demonstrate a combination of education 
and experience in criminal justice and proficiency 
in the instructional process to the satisfaction of 
the Commission. At a minimum, the applicant 
shall meet the following requirements for General 
Instructor Certification: 

(1) Present documentary evidence show'ing that 
the apphcant: 

(a) is a high school graduate, or has passed the 
General Education Development Test 
(GED) indicating high school equiv- 
alency, and has acquired four years of 
practical experience as a criminal justice 
officer or as an administrator or specialist 
in a field directly related to the criminal 
justice system; or 

(b) has been awarded an associate degree and 
has acquired three years of practical expe- 
rience as a criminal justice officer or as an 
admimstrator or specialist in a field di- 
rectly related to the criminal justice sys- 
tem; or 

(c) has been awarded a baccalaureate degree 
and has acquired two years of practical 
experience as a criniinal justice officer or 
as an administrator or specialist in a field 
directly related to the criminal justice sys- 
tem; or 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



1179 



PROPOSED RULES 



(d) has been awarded a graduate professional 
degree and has acquired one year of prac- 
tical experience as a cnminal justice officer 
or as an administrator or specialist in a 
field directly related to the cnminal justice 
SNstem. 
(2) Present eyidence showing successful com- 
pletion of a commission-accredited instruc- 
tor training program or an equivalent 
instructor training course as determined by 
the Commission. Applicants who hold 
current General Instructor Certification un- 
der any previously commission-adopted in- 
structor certitication program shall receive 
recognition for any previously completed 
commission-accredited instructor training 
courses or previously recogn^ed equivalent 
thereof All applicants must have previously 
completed an instructor training course 
within the twelve month period preceding 
application. Persons having completed a 
commission-accredited instructor training 
course or an equivalent instructor training 
course as determined by the Commission 
and not having made application within 
twelve months of completion of the course 
shall complete a subsequent commission- 
accredited instructor training course in its 
entirety. 
(4-f ^^^^oro the instructor wa* prgviou ' j . ly certi 
6<?4t prooont (."ridono i j vonfying Aat- th# m- 
otructor ouccooofully taught m a 
commi!;^oion accredited courc .e within 4» 
Hvo y e ar period prior to termination b4 eef- 
tilication a* c . pecitied m Rul e .0301 ei tfes 
Section. 

Statutory Authority G.S. 17C-6. 

.0303 TERMS .\ND CONDITIONS OF 
GENERAL INSTRUCTOR 
CERTIFICATION 

(b) The probationary' instructor wiU be eligible 
for full general instructor status, if the instructor 
through application at the end of the 
probationary' period, submits to the Commis- 
sion: 

(1) a favorable recommendation from a school 
director accompanied by certification on 
a commission-approved Instructor Evalu- 
ation Form that the instructor successfully 
taught a minimum of fo«f eight hours in 
a commission-accredited course or a 
commission-recognized in-service training 
course dunng the probationary year. The 
results of the student evaluation of the 
iastructor must be considered by the 



school director when determining recom- 
mendation: or 
(2) a favorable wntten evaluation by a com- 
mission or staff member, based on an on- 
site classroom evaluation of the 
probationary' instructor in a commission- 
accredited course or a commission- 
recognized in-service training course. 
Such evaluation will be certified on a 
commission-approved Instructor Evalu- 
ation Form. In addition, instructors 
e\aluated by a commission or staff mem- 
ber must also teach a minimum of four 
eight hours in a commission-accredited 
training course or a commission- 
recognized in-service training course. 
(c) The term of certification as a general in- 
structor is two years from the date the Commis- 
sion issues the certification. The certification 
may subsequently be renewed by the Commis- 
sion for two-year periods. The application for 
renewal shall contain, in addition to the require- 
ments listed in Rule .0302 of this Section, docu- 
mentary- evidence indicating that the applicant 
has remained active in the instructional process 
during the pre\ious two-year period. Such doc- 
umentary evidence shall include, at a minimum, 
the following: 

(1) proof that the appUcant has, within the 
two-year period preceding application for 
renewal, instructed a minimum of four 
eight hours in a commission-accredited 
training course or a commission- 
recognized in-service training course as 
outlined in Rule .0303 of this Section; and 

(2) a favorable written recommendation from 
a school director accompanied by certif- 
ication on a commission-approved In- 
structor Evaluation Form that the 
instructor successfully taught a minimum 
of fo«f eight hours in a commission- 
accredited training program course or a 
commission-recognized in-service training 
course during the two-year period of gen- 
eral certification: or 

(3) a fa\'orabIe e\'aluation by a commission 
or staff member, based on an on-site 
classroom evaluation of a presentation by 
the instructor in a commission-accredited 
training course or a commission- 
recognized in-service training course, dur- 
ing the two-year penod of General 
Instructor Certification. In addition, in- 
structors evaluated by a commission or 
staff member must also teach a minimum 
of fo«f eight hours in a commission- 
accredited training course or a 



USD 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



PROPOSED RULES 



commission-reco^ized in-service training 
course. 

(d) All instructors shall remain active during 
their period of certification. If an instructor does 
not teach a minimum of fe«f eight hours during 
the period of certification, the certification shall 
not be renewed, and the instructor shall file ap- 
plication for General Instructor Certification, 
Probationary Status. Such applicants shall be 
required to meet the minimum requirements of 
Rule .0302 of this Section. 

(e) The use of guest participants in a delivery 
of the "Basic Recruit Training--Law Enforce- 
ment Course" is permissible. However, such 
guest participants are subject to the direct on-site 
supervision of a commission-certLfied instructor 
and must be authorized by the school director. 
A guest participant shall only be used to com- 
plement the primary certified instructor of the 
block of instruction and shall in no way replace 
the primary instructor. 

(f) For purposes of this Section, "commission- 
recognized in-service training" shall mean any 
training for which the instructor is evaluated by 
a certified school director on a commission- 
approved Instructor E\'aluation Form. Such 
training shall be objective based and documented 
by lesson plans using the ISD Model and docu- 
mented by departmental training records to in- 
clude required post-test and testing methodology. 
The signature of the school director on the 
Commission-approved Instructor Evaluation 
Form shall venfy compliance with this Rule. 

Statutory Authority G.S. I7C-6. 

.0304 SPECIFIC INSTRLCTOR 
CERTIFICATION 

(a) The Commission may issue a Specific In- 
structor Certification to an applicant who has 
developed specific motor-skills and abilities by 
virtue of special training and demonstrated expe- 
rience in one or more of the following topical 
areas: 

(1) Defensive Tactics 

(2) Emcrgoncy Medical Sonicoo First 
Responder 

(3) I'irearms 

(4) Law Enforcement Driver Training 

(5) Physical Fitness 

(6) Firearms (DOC) 

(7) Unarmed Self-Defense (DOC/DYS) 

(8) Medical Emergencies (DYS) 

(9) Electrical and Hazardous Materials Emer- 
gencies 

(b) To quality for Specific Instructor Certif- 
ication, with the exception of the Emorgoncy 
Medical S e nicos afi4 th» First Responder, Phys- 



ical Fitness, and Electrical and Hazardous Mate- 
rials Emergencies topical ai=ea areas as outlined 
in Rule .0304 («> aft4 (d), (e] and (f} of this Sec- 
tion, an applicant, as a minimum, must meet the 
following requirements: 

(1) hold General Instructor Certification, ei- 
ther probationary status or full general 
instructor status, as specified in Rule 
.0303 of this Section; and 

(2) successfully complete the pertinent 
commission-approved specific instructor 
training course; and 

(3) obtain the recommendation of a 
commission-recognized school director. 

(c) To qualify for and maintain any Specific 
Instructor Certification, an applicant must pos- 
sess a current valid CPR Certification. 

(d) To qualify for Specific Instructor Certif- 
ication in the Emorgonoy Medical Sop i ioos First 
Responder topical area, an applicant is not re- 
quired to meet the standards for issuance of 
General Instructor Certification, but as a mini- 
mum, must qualify through one of the foUowing 
two options: 

(1) The first option is: 

(A) hold current CPR instructor certif- 
ication through either the American Red 
Cross or the American Heart Association; 
and 

(B) hold current basic Emergency Medical 
Technician certification; and 

(C) have successfully completed the De- 
partment of Transportation's 40 hour 
EMT Instructor Course or equivalent 
within the last three years or hold a cur- 
rent North Carolina teaching certificate. 

(2) The second option is: 

(A) hold General Instructor Certification, 
either probationary status or full general 
instructor status, as specified in Rule 
.0303 of this Section; and 

(B) hold current CPR instructor certif- 
ication through either the ^Vmerican Red 
Cross or the American Heart Association; 
and 

(C) hold current basic EMT certification. 

(e) To qualify for Specific Instructor Certif- 
ication in the Physical Fitness topical area, an 
applicant may become certified through one of 
the following two methods: 

(1) The first method- is: 

(A) hold General Instructor Certification, 
either probationary status or fuU general 
instructor status, as specified in Rule 
.0303 of this Section; and 

(B) successfully complete the pertinent 
commission-approved specific instructor 
training course; and 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



llSl 



PROPOSED RULES 



(C) obtain the recommendation of a 
commission-recognized school director. 
(2) The second method is; 

(A) successfully complete the pertinent 
commission-approved specific instructor 
training course; and 

(B) obtain the recommendation of a 
commission-recognized school director; 
and 

(C) in addition to the requirements of both 
(2), (A) and (B) of this Rule, the applicant 
must meet one of the following qualifica- 
tions: 

(i) hold a current and valid North 
Carolina Teacher's Certificate and hold, 
a minimum of a baccalaureate degree in 
physical education and be actively 
teaching in physical education topics; 
or 
(ii) be presently instructing physical edu- 
cation topics in a community college, 
college or university and hold a mini- 
mum of a baccalaureate degree in 
physical education. 
(f) To qualify for Specific Instructor Certif- 
ication in the Electrical and Hazardous Materials 
Emergencies topical area, an applicant is not re- 
quired to meet the standards for issuance of 
General Instructor Certification, but as a mini- 
mum, must qualifv through one of the following 
two options: 

( 1) The first option is^ 

(A.) hold current instructor certification as 
a First Responder Awareness Level Haz- 



ardous Materials instructor; and 
(B) ha\e successfully completed the Fire 

Senice Instructor .Methodology Course 

or the equivalent as determined by the 

Commission. 
(2) The second option is^ 

(.A) hold Cjeneral Instructor Certification, 



either probationary status or full general 

instructor status, as specified in Rule 

.0303 of this Section; and 
(B) ha\'e successfully completed a First 

Responder Awareness Level Hazardous 

■Matenals course, 
(g) (f4 Any existing commission-issued "Specific 
Instructor Certification - Physical Fitness" issued 
prior to July 1, 1989 is automatically extended 
with an expiration date of June 30, 1990. Any 
General Instructor having successfully completed 
the Specialized Physical Fitness Instructor 
Course and not having made application, must 
apply prior to July 1, 1990 in order for such 
course to be recognized for certification. .Any 
instructor authorized to instruct in a "Basic Re- 
cruit Training — Law Enforcement" course after 



January I, 1989 and before July 1, 1989 shall re- 
ceive credit for such teaching time to satisfy the 
probationary period requirements or to obtain 
renewal of "Specific Instructor Certification - 
Physical Fitness." 

(h) (g^ To qualify for Specific Instructor Certif- 
ication in the State Youth Services Medical 
Emergencies topical area, an applicant is not re- 
quired to meet the standards for issuance of 
General Instructor Certification, but as a mini- 
mum, must quaUfy in the following manner: 

(1) have successfully completed a 
commission-accredited basic instructor 
training course or an equivalent instructor 
training course as determined by the 
Commission within the 24 J^ month pe- 
riod preceding application; and 

(2) hold current instructor certification in 
CPR and First /Vid by fulfillment of the 
American Red Cross Instructor require- 
ments. 

Statutory Authority G.S. 17C-6. 

.0305 TERMS .\ND CONDITIONS OF 
SPECIFIC INSTRUCTOR 
CERTIFICATION 

fa) Aft applicant meeting Ae roquiromonto fof 
cortification as a specific inr . tructor shall. f»f A» 
ftfst- 4-S months ei CLTlifioation, be tft a 
probationary status. Ttn* Sp e cific Instructor 
Certification, Probationary Status, shall auto 
maticaUy oxpiro 4-3 months from Ae ^^Ai^ ef is- 
suancB. 

fb) l^h% probationary" instructor wilt b& ohgiblo 
fof foil spocific instructor status at- tb# eft4 ef U»» 
probationoj)' period if tlw instructor, through 
application, submits to the Commission: 

f4-f a fa^ i orabl e recommendation from a school 
director accompanied by c e rtification eft 
a commission approved Instructor Evolu 
ation Form Aat- tl*« instructor taught at- 
least foftf hours i» each ef tlw topics fe* 
which SpL'cifio Instructor Cortification, 
Probationary Status, was grant e d. Such 
instruction must have occurred i» a 
commission accredited course dunng t4** 
probationar i p e riod. 44ie results ef Ae 
student evaluation must be considered by 
tfe* school director when detennining Ae 
recommendation: t*f 

(4^ a favorable written evaluation by a com 
mission e* staff member, based ©ft aft eft- 
site classroom esaluation ef tbe 
probationary instructor ift a commission 
accr e dit e d course. Such evaluation Vriii 
be certified ©ft a commission apprc i 'od 
Instructor Evaluation Form completed f©f 



11S2 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



PROPOSED RULES 



W 



oach »f Ae topics where th« probationary 
inotructor taught a minimum ef fowf 
hours afi4 fof which Sp e cific Instructor 
Cortification ¥ras grantod; ©f 
(^ a favorabl e rocommondation from a school 
director accompaniod by c e rtification e» 
a commiGoion approved Instructor E' i 'alu 
ation Form Aat tbe instructor taught at 
bast fo«f hours durijig tfee probationary^ 
poriod m a law onforcomont ofTiceru' in- 
Gon i ico firoarms training aR4 qualification 
program. Such instruction must have 
oocurrod m a program that moots t4*e 
specifications outlin e d i» Rulos 96 .0105 
aft4 Ofe ,»444 &f 4^ NCAC VM riAm- ef 
m tbe 6a*e ©f the Departmont ©f Cor 
roction's SpocialLaod Firoarmo Instructors 
aft4 Specialized Unarmed Solf Dofon-so 
Instructors, a favorable written e valuation 
h^ a oommiooion &f staff member, ©f a 
staff member ©f designee ©f the Office ©f 
Staff Development afi4 Training ©f the 
Department ©t Corr e ction, based ©ft aft 
on sit e classroom evaluation ©t the 
probationary ' instructor » a commission 
accredited course ©f a commission 
approved DOC in senice firearms ©f 
unarmed solf defense course. Such ovalu 
ation wili he certified ©ft a commission 
approved Instructor Evaluation Form 
completed f©f e ach ©f the topics whore the 
probationaP t ' instructor taught a mini 

m 1 1 m C\V Tj--\ 1 1 f Ia rAi 1 .-.-' --1 n f-1 4-.-t.- i i :K i .--h C r-\ri.->.f. .-■ 



Instructor Certification was granted; ©f 
ift the ease ©f the Division ©f Youth Sef- 
vioos' Sp e cialized Laiarmed Self Defense 
InstRictors aft4 Stat e \'outh Sor . -icoo 
M e dical Fmeruenoios Instructors, a fa' i or 



f^ 



able written e valuation by a commission 
©f staff' member, ©f a Staff Development 
Specialist ©f the Division ©f Youth Sef^ 
vices, based ©» aft on site classroom eval 
nation ©f the probationary instructor » a 
commisf i ion accredited course. Such 

evaluation wiii he certified ©ft a 
commission appro' i od Instructor Evalu 
ation FoiTn completed f©F the topic V i' hera 
the probationapy instmctor taught a min 
imum ©f fettf hours aft4 fef ^v hich Specific 
Inotructor Certification was granted. 
(a) An applicant meeting the requirements for 
Specific Instructor Certification shall be issued a 
certification to run concurrently with the existing 
General Instructor Certification. The applicant 
must apply for certification as a specific instruc- 
tor within _y months from the date of com- 
pletion of a specific instructor course. 



(b) The terms of certification as a specific in- 
structor will be determined by the expiration date 
of the existing General Instructor Certification. 
The following requirements shall apply during 
the initial period of certification: 

(1) where certification for both general 
probationary instructor and Specific In- 
structor Certification is issued on the same 
date, the instructor wiU only be required 
to satisfy the teaching requirement for the 
general probationary instructor certif- 
ication. Ihe instructor may satisfy the 
teaching requirement for the general 
probationary instructor certification by 
teaching any specific topic for which cer- 
tification has been issued; 



(21 



(31 



when Specific Instructor Certification is 
issued during an existing period of general 
certification, either probationary status or 
full general status, the specific instructor 
may satisfy the teaching requirement for 
the general certification by teaching the 
specific subject for which certification has 
been issued; 

where Specific Instmctor Certification be- 
comes current with an existing 24 month 
period of General Instructor Certification, 
the instructor must teach a minimum of 
eight hours for each specific topic for 
which certification has been issued. 



(c) The term of certification as a foii specific 
instructor is tw© y e ars from the date the Com 
mission issues the certification, shall not exceed 
the 24 month period of fuU General Instructor 
Certitication. The certification may subsequently 
be renewed by the commission fe* t' . ' .' O y e ar pe- 
riods. at the time of renewal of the fuU General 
Instructor Certification. The appUcation for re- 
newal shaU contain, in addition to the require- 
ments Usted in Rule .0304 of this Section, 
documentary evidence that the applicant has re- 
mained active in the instructional process during 
the previous two-year period. Such documentary 
evidence shaU include, at a minimum, the fol- 
lowing: 

(1) proof that the applicant has, within the 
two-year period preceding application for 
renewal, instructed at least fo«f eight 
hours in each of the topics for which 
Specific Instructor Certification was 
granted and such instruction must be in a 
commission-accredited training course or 
a commission-recognized in-ser\'ice train- 
ing course. Acceptable documentary evi- 
dence shall include official commission 
records submitted by school directors and 
written certification from a school direc- 
tor; and either 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



II S3 



PROPOSED RULES 



(2) a favorable written recommendation from 
a school director accompanied by certif- 
ication that the instructor successfully 
taught at least fo«f citjit hours in each of 
the topics for which Specific Instructor 
Certification was granted. Such teaching 
must have occurred in a commission- 
accredited training course or a 
commission-recognized in-service training 
course during the two-year period of Spe- 
cific Instructor Certification; or 

(3) a favorable evaluation by a commission 
or staff member, based on an on-site 
classroom evaluation of a presentation by 
the instructor in a commission-accredited 
training course or a commission- 
recognized in-service training course, dur- 
ing the two-year penod of Specific 
Instructor Certification. In addition, in- 
structors evaluated by a commission or 
staff member must also teach at least fe«f 
eight hours in each of the topics for which 
Specific Instructor Certification was 
granted, ef 

(4) a fa' . orablo rucommondation from a r i chool 
director accompani ij d by oortification e» 
a commi ' ii . ion approved In > jtRiotor U ' 'ialu 
ation Form that ttte inutructor ouccL ' L . L ' fuUy 
taught at least fo«f houro m a tew 
onforc e m e nt officoro' in oop i 'ico firearms 
training afwi qualification program dunnu 
tiw tv i o year period e+ Specific Iniitructor 
Cortification. Such int . truction must have 
occurred m a program that meets the 
specifications outlint ' d ift Rul e s 9fe .0105 
aft4 9fe r(»M Bf 4J NCAC Wft r2m(H ef 

f^ m the eati© &f the Department ef Cor 
rection'n Speciahi^ed Fir e arms Instructors 
Skf¥i Sp e ciahz e d L"nurmed Self D e f e ns e 
Instructors, a favorable e' l aluation by- a 
commi 'i sion &f staff member, »f a staff 
member »f designee »f the Offic e ef Stuff 
De' i elopment aH4 Training »f the t)e- 
partment iff Correction, bas e d (*» a» h«- 
sffe classroom evaluation *ff the instructor 
i» a commission accredited training 
course ef a commission approv e d DOC 
in ser i ice firearms ef unanned self defense 
course. The instructor must have tauglit 
a minimum ef fo«f hours m each eff the 
topics f»f ' ■ ' i hich foil Specitic Instructor 
Certification was granted fof the t' l ' i o >oar 
period: w 

(4^ m the ease ef the Di\ ision eff '\"oulh Set^ 
' ■ ices' Specialized I nanned Self Defense 
Instructors an4 Stat e ^'outh S e p t ic e s 
Medical Fmergencies Instructors, a fasor 
ahle ' i vntten evaluation h¥ a commission 



»f staff member, e* a Staff Development 
Sp e ciahst (ff the Division «ff Youth Sef- 
vic e s, bas e d »» aft on site classroom eval- 
uation »f the instructor i» a 
commission accr e dit e d training course. 
44*e instructor must have taught a mini 
mum ei fo«f hours i» the topic fof which 
fall Spooifio Instructor C e rtification was 
granted fo* the two year period. 

(d) All instructors shall remain active during 
their period of certification. If an instructor does 
not teach at least f»«* eight hours in each of the 
topic areas for which certification is granted, the 
certification shall not be renewed for those topics 
in which the instructor failed to successfully 
teach. Any specific instructor training courses 
previously accepted by the Commission for pur- 
poses of certification shall no longer be recog- 
nized if the instructor does not successfully teach 
at least fo«f eight hours in each of the specific 
topics during the two-year period of which cer- 
tification was granted. Upon appUcation for re- 
certification, such appUcants shall be required to 
meet the minimum requirements of Rule .0304 
of this Section. 

(e) The use of guest participants in a deli\ery 
of the "Basic Recruit Training- -Law^ Enforce- 
ment Course" is permissible. However, such 
guest participants are subject to the direct on-site 
supervision of a commission-certified instructor 
and must be authorized by the school director. 
A guest participant shall onh' be used to com- 
plement the priman' certified instructor of the 
block of instruction and shall in no way replace 
the primar)' instructor. 

Stalutory Authority G.S. I7C-6. 

.0306 PROFESSIONAL LECTURER 
CERTIFICATION 

(a) The Commission may issue Profession 
Professional Lecturer Certification to a person in 
a formally recognized profession, e.g.. medicine, 
law, psycholog)', who by virtue of formal aca- 
demic degrees ef and professional expertise has 
developed special e xp e rtis e knowledge in one or 
more of the following topictd areasi: areas: 

( 1 ) i\BC I aws aft4 Procedures I aw 

(2) Constitutional Favr Ps\chologv 

(3) Desiant B e hasior Medicine 
f-H Fl e m e nts eff Crinunal I aw 
(4| Fmergency Medical Senices 
(4H Ju' ie nU e Laws aftd Procedures 

{^ Laws ef j\rrest. Search, aft4 Seizure 
(4y| Motor \' e hicl e L aws 

(% Preparing fe* Court a»4 Testifying i» 
Court 



US4 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



PROPOSED RULES 



Statutory Authority G.S. 17C-6. 

.0307 TERMS AND CONDITIONS OF 
PROFESSIONAL LECTURER 
CERTIFICATION 

(a) Certification as a professional lecturer shall 
remain effective for 45 24 months from the date 
of issuance. The lecturer shall apply for re- 
certLfication at or before the end of the 44 24 
month period. 

(b) During the 45 24 month period of certif- 
ication, a certified professional lecturer may par- 
ticipate in repetitions of the same training course 
or courses for which certification is granted so 
long as there are no changes therein which alter 
the topical areas, duties, and responsibilities of 
the lecturer. 

Statutory Authority G.S. I7C-6. 

TITLE 15A - DEPARTMENT OF 

EW IRONMENT, HEALTH, AND 

NATURAL RESOURCES 



i V otice is hereby given in accordance with G.S. 
1 SOB- 12 that the DEHNR - Division of Environ- 
mental Management intends to amend rule cited 
as ISA SCAC 2N .0203. 

1 he proposed effective date of this action is May 
1, 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on February 4, 1991 at the Ground Floor 
Hearing Room, Archdale Building, S12 North 
Salisbury Street, Raleigh, NC. 

y^ omment Procedures: Oral comments may be 
made at a hearing, or written statements may be 
submitted to the agency prior to February 4, 1991. 
Written copies of oral statements exceeding three 
minutes are requested. Oral statements may be 
limited at the discretion of the hearing officer. 
Send comments to: Randy Prillaman, Envir 
Specialist, EH NR-D EM -Groundwater Section, 
P.O. Box 276S7, Raleigh, NC 27611. Telephone 
(919) 733-3221. 

CHAPTER 2 - ENMRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2N - UNDERGROUND 
STORAGE TANKS 

SECTION .0200 - PROGRAM SCOPE AND 
INTERIM PROHIBITION 

.0203 DEFINITIONS 



(a) The defmitions contained in 40 CFR 280.12 
(Subpart A) have been adopted by reference in 
accordance with G.S. 150B- 14(c). 

(b) This Rule shall apply throughout this 
Subchapter except that: 

(1) "Implementing agency' shall mean the 
"Division of Environmental 
Management." 

(2) "Division" shall mean the "Division of 
Environmental Management." 

(3) "Director" and "Director of the Imple- 
menting Agency" shall mean the "Direc- 
tor of the Division of Environmental 
Management." 

(c) The following defmitions shall apply 
throughout this Subchapter: 

(1) "De minimis concentration" means that 
amount of a regulated substance which 
does not exceed one percent of the capac- 
ity of the tank, excluding piping and vent 
lines. 

(2) "Expeditiously emptied after use" means 
the removal of a regulated substance from 
an emergency spill or overflow contain- 
ment UST system within 48 hours after 
the necessity for use of the UST system 
has ceased. 

(3) "Previously closed" means: 

(A) An UST system from which all regu- 
lated substances had been removed using 
commonly employed practices, the tank 
fdled with a solid inert material, and tank 
openings were sealed or capped prior to 
December 22, 1988; or 

(B) .An UST system removed from the 
ground prior to December 22, 1988. 

(4) "Temporarily closed" means: 

(A) An UST system from which the prod- 
uct has been removed such that not more 
than one inch of product and residue are 
present in any portion of the tank; or 

(B) Any UST system in use as of December 
22, 1988 which comphes with the pro- 
visions of 15A NCAC 2N .0801. 

(5) "Secondary' containment" means a 
method or combination of methods of 
release detection for UST systems that 
includes, but is not limited to: 

(A) For tanks, double-waUed construction, 
extemal Liners (including vaults) or other 
methods, approved by the Division, 
which meets the pro\'isions of 40 CFR 
280.42(b)(5); and 

(B) For underground piping, trench liners, 
double-walled construction or other 
methods, approved by the Division, 
which meet the provisions of 40 CFR 
280.42(b)(5). 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



11S5 



PROPOSED RULES 



(6) "Person qualified to assess site 
conditions" means a person who, through 
a combination of training and experience, 
is competent to evaluate the conditions 
existing at an UST system site, including 
the physical and chemical conditions of 
the subsurface. 

(7) "Tank in Use". An underground storage 
tank (UST) is in use if it fails to meet 
three of the following criteria: 

(A) the US 1 has been previously closed in 
accordance with this Subchapter; 

(B) all tank openings, except vent lines, 
have been sealed or capped or otherwise 
altered to render the contents of the tank 
inaccessible; 

(C) all regulated substances have been re- 
moved, as measured from outside the tank 
using common mcasunng practices, so 
that no more than 2.5 centimeters (one 
mch) of residue, or OJ percent by weiglit 
of the total capacity of the I' SI system, 
remains in the system: or 

(D) no product is added i2r removed from 
the tank for purposes other than closure. 

Statutory Aulhoritv G.S. l43-215.3(a}( 15 ): 
143B-282(2)(h); I SOB- 14(c). 



IS otice is hereby given in accordance with G.S. 
1 SOB- 12 that the North Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as ISA NCAC IOC .0103, .0203. .0407; and ISA 
NCAC lOF .0324. 

1 he proposed effective date of ISA NCAC IOC 
.0103, .0203, and .0407 is July I, 1991. The pro- 
posed effecth'e date of ISA NCAC lOF .0324 is 
May 1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on February 4, 1991 at the Archdale Build- 
in^^. Room 386, S12 North Salisbuiy Street, 
Raleigh, NC 27604-1 ISS. 

(_ ommcnt Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written cominenis from 
January) 21, 1991 to February 19, 1991. Such 
written comments must be deliver-ed or mailed to 
the N.C. Wildlife Resources Commission. SI 2 
North Salisbur,! Street, Raleigh, NC 27604-1 ISS. 



CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 

SECTION .0100 - JURISDICTION OF 
AGENCIES: CLASSIFICATION OF WATERS 

.010.^ COASTAL FISHING WATERS 

Coastal fishing waters are the Atlantic Ocean; 
the various coastal sounds; and estuarine waters 
up to the dividing line between coastal fishing 
waters and inland fishing waters agreed upon by 
the Marine Fisheries Commission and the 
Wildlife Resources Commission. AU waters 
which are tributaiy to coastal fishing waters and 
which are not otherv, ise designated by agreement 
between the Marine Fisheries Commission and 
the Wildlife Resources Commission are coastal 
fishing waters. The regulations and licensing of 
fishing in coastal fishing waters is under the ju- 
risdiction of the Marine Fisheries Commission; 
except thaf inland game fish (exclusive of spotted 
sea trout, red drum, flounder, white perch, yellow 
perch, weakfish, and stnped bass) are subject to 
regulations by the Wildlife Resources Commis- 
sion in coastal fishing waters. Regulations and 
laws administered by the Marine Fisheries Com- 
mission regarding fishing in coastal waters are 
enforced by fisheries enforcement officers. Reg- 
ulations regarding inland game fish in coastal 
waters arc enforced by wildlife enforcement offi- 
cers unless otherwise agreed to by the WUdHfe 
Resources Commission. 



Statutory A uthority 
113-134; 113-292. 



G.S. 113-129; 113-132; 



SECTION .0200 - GENERAL REGUL.\TIONS 

.0203 RECIPROCAL LICENSE AGREEMENTS 

(a) Virginia. In accordance with a reciprocal 
license agreement between the States of Virginia 
and North Carolina, aU valid stat e wid e fic . hing U- 
censes and permits authorizing sport fishing and 
legally obtained from the Virginia Commission 
of Game and Inland Fisheries or the North 
Carolina Wildlife Resources Commission, or the 
duly authorized agents of either, shall be 
reciprocally honored for fishing by means of rod 
and reel, hook and line, casting, or trothne in the 
Dan River east of the Brantly Steam Plant Dam 
at Dan\ille, and cast of the mouth of Difficult 
Creek on the Staunton River arm of Kerr Res- 
ervoir to the Gaston Dam on the Roanoke 
River, including all tributary' waters lying in ei- 
ther Virginia or North Carolina which are acces- 
sible by boat from the main bodies of the Kerr 



IIS6 



5:19 NORTH CAROLINA REGISTER January 2, 1 99 1 



PROPOSED RULES 



and Gaston Reservoirs, or from the Island Creek 
subimpoundment. !» addition, tfe» VLrginia 
nonrosidont intorotate three day Korr Rooon'oir 
fishing liconoe wiii b» se honored, except »» 
Gaston R.ooor < foir. Senior citizen and juvenile 
hcense exceptions authorized by either state wUl 
be honored by both states. In addition, all valid 
fishing licenses and permits legally obtained from 
the Virginia Game and Fish Commission or the 
North Carolina Wildlife Resources Commission, 
or the duly authorized agents of either, shall be 
reciprocally honored for fishing with rod and reel, 
hook and line or b^^ casting in that portion of the 
New River between the confluence of the North 
and South forks of the New River in North 
Carolina (Alleghany County) and the confluence 
of the New and Little Rivers in Virginia 
(Grayson County). 

(b) Georgia. In that portion of Chatuge Res- 
ervoir lying in and between the States of North 
Carolina and Georgia, east of the dam to Elf 
High Bridge on the Shooting Creek Arm and to 
Macedonia Bridge on US 76 south of Hiawassee, 
Georgia, and the lateral branches of the reservoir 
between these points, aU official fishing licenses 
and permits legally obtained from the North 
Carolina Wildlife Resources Commission or the 
Georgia Game and Fish Commission, or duly 
authorized agents of either, shall be honored and 
accepted as legal authorization to fish by means 
of rod and reel, hook-and-line, or casting; Pro- 
vided, however, that all persons fishing in the 
waters of the Chatuge Reservoir beyond the 
bounds of the state from which they hold a valid 
fishing license, shall be authorized to fish with 
said license only from boats not anchored to the 
shore or to a pier or boat dock connecting to the 
shore. 

(c) Tennessee. In that portion of Slick Rock 
Creek which coincides with the state line between 
North Carolina and Tennessee and in all of 
Calderwood Resen,'oir, when fishing from boat, 
aU valid statewide fishing licenses obtained from 
the North Carolina Wildlife Resources Commis- 
sion or the Tennessee Wildlife Resources 
Agency, or the duly authorized agents of either, 
shall be reciprocally honored for the purposes of 
fishing with hook and line or fishing in desig- 
nated mountain trout waters, according to the 
tenor thereof. 

Statutory Authority G.S. 113-134; 113-275; 
113-304. 

SECTION .0400 - NONGAME FISM 

.0407 PERMITTED SPECIAL DEVICES AND 
OPEN SE.VSONS 



Except in designated public mountain trout 
waters, and in impounded waters located on the 
Sandhills Game Land, there is a year-round open 
season for the licensed taking of nongame fishes 
by bow and arrow. Seasons and waters in which 
the use of other special devices is authorized are 
indicated by counties below: 
(6) Beaufort: 

(a) July 1 to June 30 with traps in the Pungo 
River, and in the Tar and Pamlico Rivers 
above Norfolk and Southern Railroad 
bridge; and with gigs in all inland public 
waters; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters; with drift 
gill nets in Tar River upstream from the 
Norfolk and Southern Railroad bridge at 
Washington to the Pitt County hne; and 
with giU nets in all other inland public 
waters, except Blounts Creek, 
Chocowinity Bay, Durham Creek, Mixon 
Creek and NevH Creek and their 
tributaries. 

Statutory Authority G.S. 113-134; 113-276; 
113-292. 

SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGLL.\TIONS 

.0324 DAVIDSON COUNTY 

(a) Regulated Areas. This Rule apphes only 
to tbat- those portions of High Rock Lake, 
Tuckertown Lake, and Badin Lake which lie 
within the boundaries of Davidson County. 

(b) Speed Limit Near Ramps. No person shall 
operate a vessel at greater than no -wake speed 
within 50 yards of any public boat launching 
ramp while on the waters of High Rock Lake, 
Tuckertown Lake, and Badin Lake in Davidson 
County. 

(c) Speed Limit in Mooring Areas. No person 
shall operate a vessel at greater than no-wake 
speed while within a marked mooring area es- 
tablished with the approval of the Executive Di- 
rector, or his representative, on the waters of 
High Rock Lake, Tuckertown Lake, and Badm 
Lake in Davidson County. 

(d) Speed Limit Near Bridges. No person shall 
operate a vessel at greater than no-wake speed 
within 50 \ards of any iiighway bridge o\'er the 
waters of High Rock Lake, Tuckertown Lake, 
and Badin Lake in Davidson County. 

(e) Restricted Swimming Areas. No person 
operating or responsible for the operation of a 
vessel shall permit it to enter any marked public 



5:19 NORTH CAROLINA REGISTER January 2, 1 99 1 



1187 



PROPOSED RULES 



swimming area established with the approval of 
the F.xecutive Director, or his representative, on 
the waters of High Rock Lake, Tuckertown 
Lake, and Badin Lake in Davidson County, 
(f) Placement and Maintenance of Markers. 
The Board of Commissioners of Davidson 
County is designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting this Rule, subject to the approval of the 
United States Coast Guard and the United States 
Army Corps of Engineers, if applicable. With 
regard to marking High Rook Lako the regulated 
areas described in Paraijaph (a) of this Rule, all 
of the supplementary standards listed in Rule 
.0301(g) of this Section shall apply. 

Statutory Authority G.S. 75A-3; 75A-15. 

■k'k-k-k-k-k-k-k-k-k-k-k-k-k-k'k-k'k 



1\ otice is hereby given in accordance with G.S. 
I SOB- 12 that the Commission for Health Services 
and the Department of Environment, Health, and 
Natural Resources intends to amend rules cited 
as ISA XCAC I3A .0009 - .0010: 13C .0201: re- 
peal rule cited as ISA .\'CAC ISA .00 IS; and 
adopt ntles cited as ISA .\CAC ISA .0016 - 
.0017: 16 A .0801 - .0810. 

1 he proposed effectixe date of this action is May 
1, 1991. 

1 he public hearing will be conducted at 9:00 
a.m. on February I, I99I at the Ground Floor 
Hearing Room, Archdale Building, SI 2 North 
Salisbury Street. Raleigh, North Carolina. 

(^^omment Procedures: Any person may request 
copies of the proposed copies of the proposed ndes 
by contacting John P. Barklev. DEHNR, P.O. 
Box 27687, Raleigh, NC 27611-7687, (919) 
733-7247. Written comments on these rules may 
be sent to Mr. Barkley at the above address or 
submitted at the public hearing. If you desire to 
speak at the public hearing, notify Mr. Barkley at 
least 3 days prior to the public hearing. .4 1 the 
discretion of the Chairman, the public may also 
be allowed to comment on the rules at the Com- 
mission Meeting. Fiscal notes on applicable rules 
are available from Mr. Barkley. 

C1LM> I HR 13 - SOLID WAS It \LVN.\GKMKNT 

SLBCH.\PTER I3A - HAZARDOUS W.AS TE 
>L\NAGEMENT 

.0009 ST.\NDARDS FOR OWNERS/ 



OPERATORS OF HWTSD 
FACILrriES - PART 264 

(i) 40 CFR 264.140 through 264.151 (Subpart 
H), "Financial Requirements", have been 
adopted by reference in accordance with G.S. 
1 506- 14(c), except that 40 CFR 264.143(a)(3), 
(a)(4), (a)(5), (a)(6), 40 CFR 264.145(a)(3), 
(a)(4), (a)(5), (s)(4>t and 40 CFR 264.151(a)(1), 
Section 1 5 are not adopted by reference. 

(1) The following shall be substituted for the 
provisions of 40 CFR 264.143(a)(3) which 
were not adopted by reference: 

The owner or operator shall deposit the 
full amount of the closure cost estimate 
at the time the fund is established. Within 
1 year of the effective date of these regu- 
lations, an owner or operator using a clo- 
sure trust fund established prior to the 
effective date of these regulations shall 
deposit an amount into the fund so that 
its value after this deposit at least equals 
the amount of the current closure cost es- 
timate, or shall obtain other fmancial as- 
surance as specified in this Section. 

(2) The followina shall be substituted for the 
provisions of 40 CFR 264.143(a)(6) which 
were not adopted by reference: 

After the trust fund is established, when- 
ever the current closure cost estimate 
changes, the owner or operator shall 
compare the new estimate with the trus- 
tee's most recent annual valuation of the 
trust fund. If the value of the fund is less 
than the amount of the new estimate, the 
owner or operator within 60 days after the 
change in the cost estimate, shall either 
deposit an amount into the fund so that 
its value after this deposit at least equals 
the amount of the current closure cost 
estimate, or obtain other fmancial assur- 
ance as specified in this section to cover 
the difference. 

(3) The following shall be substituted for the 
provisions of 40 CFR 264.145(a)(3) which 
were not adopted by reference: 

(A) Except as otherwise provided in Para- 
graph (i)(3)(B) of this Section, the owner 
or operator shall deposit the full amount 
of the post-closure cost estimate at the 
time the fund is estabhshed. 

(B) |f the Department finds that the owner 
or operator of an inacti\e hazardous waste 
disposal unit cannot proxidc financial as- 
surance lor post-closure through any 
other option (e.g. surct\ bond, letter of 
credit, or corporate guarantee), a plan for 
annual payments to the trust fund over 
the term of the RCR.A post-closure per- 



uss 



5:19 NORTH CAROLIN.i REGISTER January 2, I99I 



PROPOSED RULES 



mil may be established by the Department 
as a permit condition. 
?4*# ownor ef operator ohall doposit tbe 
foil amount »f A« poot oloouro eest e&ti- 
mate a* tfe« tow t4*© fund i« oatabliohod. 
Within 4-y«af »f tb^ eff e ctiv e date &f thooo 
regulations, a» owner aF operator using a 
pof i t closur e trust fund established prior 
te t+» effectiv e date ©f those regulations 
shaU doposit aft amount i»te- A© fund se 

^TTCtT [C J f UJtXV CTTT^TT IIUD U ^J L' *J J 1 1 LXl IV-'LUT 

e quals the amount ©f the current post 
closure 6»st ostimato, ef shall obtain oth e r 
ffnancial assuranc e as spocifiod ift this 
Section. 
(4) ¥h# foUov i ing shall be substituted f&f the 

„,^,.;;~;.^^^ Cwf Jii l"CD If, 1 I 1S/"nVAl .yl-i ii- h 

t'l v.' T IJITJIU ^TT I L* ^_.' I IV ZIT^T T.I rL'\lJ.^\^'..'^ TTTTTtTT 

V i oro ftet- adopt e d by refer e nc e : 
j\fter the trust fund i« established, ^i i hon 
evef the current poot closure Gost- estimat e 
changes during the operating life ef the 
facility, the ossner Bf op e rator shall com 
pare the sew e stimat e with the trustee's 
most recent annual valuation »f the trust 
fund, if tiie ' I 'alu e ef tiie fund is less than 
ti*e amount ef ti*e Hew- ostimato. ti»e 
owner ©f operator, V i ithin 60 days aft e r 
tiw change m tiw eest ostimato, shall ei- 
ti*ef deposit a» amount iftte ti*e fund s© 

L 1 ILl. L 1 1 J tXTT^^^J cTTT^^i 1 1 U J ^T^TT^TT^Tt LIT, rCXTTTt 

e quals tiie amount ef ti*e current post 
closure 6€>s^ estimate, ef obtain other fi- 
nancial assurance as specified i» this 
Soction t© oo' i or ti»e difference. 
(4^ (4| The foUowing additional requirement 
shall apply: 

The trustee shall notify the Department 
of payment to the trust fund, by certified 
mail within 10 days following said pay- 
ment to the trust fund. The notice shall 
contain the name of the Grantor, the date 
of payment, the amount of payment, and 
the current value of the trust fund. 

Slatutoty Authority G.S. l30A-294(c). 

.0010 INTERIM ST.ATLS STDS FOR 

OWNERS-OP OF HWTSD F.\CILITIES 
- PART 265 

(h) 40 CFR 265.140 through 265.151 (Subpart 

H), "Financial Requirements", have been 

adopted by reference in accordance with G.S. 

150B-14(c), except that 40 CFR 265.143(a)(3), 

(a)(4), (a)(5), (a)(6), and 40 CFR 265.145(a)(3), 

(a)(4), (a)(5), (a)(6). are not adopted by reference. 

(1) The following shall be substituted for the 

provisions of 40 CFR 265.143(a)(3) which 

were not adopted by reference: 



The owner or operator shall deposit the 
full amount of the closure cost estimate 
at the time the fund is established. Within 
1 year of the effective date of these regu- 
lations, an owner or operator using a clo- 
sure trust fund established prior to the 
effective date of these regulations shall 
deposit an amount into the fund so that 
its value after this deposit at least equals 
the amount of the current closure cost es- 
timate, or shall obtain other fmancial as- 
surance as specified in this Section. 

(2) The following shall be substituted for the 
provisions of 40 CFR 265.143(a)(6) which 
were not adopted by reference: 

After the trust fund is established, when- 
ever the current closure cost estimate 
changes, the owner or operator shall 
compare the new estimate with the trus- 
tee's most recent annual valuation of the 
trust fund. If the value of the fund is less 
than the amount of the new estimate, the 
owner or operator within 60 days after the 
change in the cost estimate, shall either 
deposit an amount into the fund so that 
its value after this deposit at least equals 
the amount of the current closure cost es- 
timate, or obtain other financial assurance 
as specified in this section to cover the 
difference. 

(3) The following shall be substituted for the 
provisions of 40 CFR 265.145(a)(3) which 
were not adopted by reference: 

(A) Fxcept as otherwise provided in Para- 
graph (h)(3)(B) of this Section, the owner 
or operator shall deposit the full amount 
of the post-closure cost estimate at the 
time the fund is established. 

(B) If the Department finds that the ov\ner 
or operator of an inactive hazardous waste 
dispo.sal unit cannot provide financial as- 
surance for post -closure through anv 
other option (e.g. surety bond, letter of 
credit, or corporate guarantee), a plan for 
annual payments to the trust fund dunng 
the interim status penod may be estab- 
lished by the Department by use of an 
Administrative Order. 

44» owner e? operator shall deposit tite 
fHli amount ef tlte post closur e eest- esti- 
mat e a* ti^e time the fund is established. 
Within 4- yeaf ef ti«» effective date f»f these 
regulations, a» owner »f operator using a 
post closure trust fund ostabliohed prior 
t© ti»e otTocti' i O date Bi those regulations 
shall doposit as- amount iftto ti*e fund s© 
tiwtt- its value after ti*is deposit at- l e ast 
oquals tiie amount ©f ttie current post 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



11S9 



PROPOSED RULES 



financial assuranc e a* specifi e d m this 
Soction. 
(4^ ¥h« foUowing shall be substituted fef the 
provisions ef 44 €44^ 265.M5(a)(6) wbkit 
were ft€4 adopt e d by referenc e : 
Alter tbe trust fund i« e stablished, when 
evef tbe current post closure Get* estimate 
changes during tbe operating life ef tbe 
facility, tbe owner »f operator shall com 
par e the aew e stimat e with tb# truste e 's 
most rocont annual valuation &f Ae trust 
fund, if tfee ' I' aluo »f tbe fund » le*» than 
tbe amount ©f tb» Hew ostimato, Ae 
ov i 'ner ef operator, within 4© days after 
tfee change i» tbe eev&t estimate, shall ei- 
tbef deposit aa amount arte- tbe fund se 
tb*t- ite ' I 'alue after tbi* deposit a* least 
equals t4*e amount ef tbe current post 
closure eeet estimate, ef obtain other fi- 
nancial assurance as specified ift tbis 
section te oovor the difference. 

Statutory Authority G.S. l30A-294(c). 
.0015 ANNLAL REPORTS (REPEALED) 

Statutory Authority G.S. 130A-294(c). 

.0016 SPECIAL PURPOSE COMMERCL\L 
HAZARDOUS \V.\STE FACILITY 

(a) A commercial hazardous waste facility 
which meets any of the following criteria is de- 
fmed as a special purpose hazardous waste facil- 
ity: 

(1) The facihty manages no more than five 
waste streams and no more than 2500 
tons of hazardous waste per year; 

(2) The facility manages six or more waste 
streams but less than 500 tons of hazard- 
ous waste per year; or 

(3) The facility only stores hazardous waste 
in containers and no more than 4000 tons 
of hazardous waste per 3'ear. 

(b) The amount and type of hazardous waste 
indicated in Paragraph (a) shall be determined 
based on the previous year's annual report. If 
no annual report was submitted, quarterly 
projections shall be submitted to the Department 
by the facility and the amount and type of haz- 
ardous waste shall be determined based on these 
projections. 

(c) Resident inspectors shall be present at spe- 
cial purpose commercial hazardous waste facili- 
ties a total of at least 32 hours per month as 
determined by consideration of the factors listed 
in G.S. 130A-295.02(j), whenever the facility is 



operating or is undergoing any maintenance, re- 
pair, testing or calibration. 

Statutory Authority G.S. l30A-295.02(j). 

.0017 FEE SCHEDULES 

(a) A commercial hazardous waste storage, 
treatment, or disposal facility shall pay, in addi- 
tion to the fees applicable to all hazardous waste 
storage, treatment, or disposal facilities as re- 
quired by G.S. 130A-294. 1, a monthly charge of 
forty one dollars ($41.00) per hour of operation. 
The fee shall be paid for any time when hazard- 
ous waste is managed or during periods of main- 
tenance, repair, testing, or calibration. Each 
facility shall submit an operation schedule to the 
Department on a quarterly basis. 

(b) Special purpose commercial hazardous 
waste facilities shall pay, Ln addition to the fees 
applicable to all hazardous waste treatment, 
storage or disposal facilities as required by G.S. 
130A-294.1, a monthly charge of one thousand 
seven hundred and eighty si.x dollars ($1,786.00). 

Statutory! Authority G.S. /30A-295.02. 

SUBCHAPTER I3C - INACTIVE HAZARDOUS 
SUBSTANCES AND WASTE DISPOSAL SITES 

SECTION .0200 - PRIORITIZATION SYSTEM 

.0201 PRIORITIZATION 

(b) Only sites with confirmed contamination 
or known disposal of hazardous substances shall 
be scored on the mactivc hazardous waste sites 
priority list. Contamination is confirmed if lab- 
oratory analyses show the presence of hazardous 
substances in groundwater, surface water, air, 
wastes, or soils at concentrations significantly 
above background levels. Concentrations are 
significantly above background if the levels de- 
tected are more than: 

(1) ten times a detected level in the back- 
ground, or 

(2) three times the detection limit when the 
background level is below the detection 
limit. 

Statuton' Authority G.S. 130A-3I0.I2. 

CHAPTER 16 - ADULT HEALTH 

SUBCHAPTER 16A - CHRONIC DISEASE 

SECTION .0800 - HOME AND 

COMMUNITY-BASED HI\ HEALTH SERMCES 

PROGRA.M 

.0801 GENERAL 



1190 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



PROPOSED RULES 



The Home and Community-based HIV Health 
Services Program is administered by the Health 
Care Section, Division of Adult Health, Depart- 
ment of Environment, Health, and Natural Re- 
sources, P.O. Box 27687, Raleigh, NC 
27611-7687. 

Statutory Authority G.S. I30A-223. 

.0802 DEFINITIONS 

The following defmitions shall apply through- 
out this Section: 

(1) "Home and Community-based HIV Health 
Services" means durable medical equipment, 
home health aide, services, personal care 
services, day treatment or other partial 
hospitalization, home intravenous (I.V.) 
therapy (including prescription drugs ad- 
ministered intravenously) and routine diag- 
nostic services provided to an eligible patient 
in the patient's home according to a written 
plan of care established by a health care 
professional. 

(2) "HIV Health Services Program" means the 
Home and Community-based HIV Health 
Services Program. 

(3) "Durable Medical Equipment (DME)" 
means durable medical equipment as defmed 
in HHMM Section 5202.5 which is adopted 
by reference in accordance with G.S. 
I50B- 14(c). Copies of the HHMM may be 
inspected at or obtained from the HIV 
Health Services Program. 

(4) "Home Health /Vide Services" means home 
health aide services as defmed in HHM.M 
Section 5502.2 which is adopted by reference 
in accordance with G.S. 150B-14(c). Copies 
of the IIH.MM ma\' be inspected at or ob- 
tained from the HIV Health Services Pro- 
gram. 

(5) "Personal Care Services" means personal 
care services as defmed in the .Medicaid 
Provider Manual which is adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 
Copies of the Medicaid Provider .Manual 
may be inspected at or obtained from the 
HIV Health Services Program. 

(6) "HIV Health Services Program Re- 
imbursement Rate" is: 

(a) the local health department rate or the 
maximum .Medicaid rate, whichever is 
lower, for home health aide services and 
personal care services; 

(b) interim Medicare rate for durable medical 
equipment; and 

(c) schedule of payments that shall be devel- 
oped by the Division of Aduh Health for 
Home Intravenous (I.V.) therapy services, 



routine diagnostic services, day treatment 
or partial hospitalization and other ser- 
vices for which neither Medicaid nor 
Medicare has an estabhshed rate. 

(7) "Third Party Payor" is any person or entity 
that is or may be indirectly liable for the cost 
of service furnished to a patient. Third party 
payors include, without limitation, 
Medicaid, Medicare, and private insurance. 
Veterans Administration, Children's Special 
Health Services and Workers' Compen- 
sation. 

(8) "Medically dependent" means a patient has 
been certified by a physician as: 

(a) requiring the routine use of appropriate 
medical ser\ ices (which may include home 
intravenous drug therapy) to prevent or 
compensate for the individual's serious 
deterioration, arising from infection with 
the etiologic agent for acquired immune 
deficiency syndrome, of physical health 
or cognitive function; and 

(b) being able to avoid long-term or repeated 
care as an inpatient or resident in a hos- 
pital, nursing facility, or other institution 
if home and community-based health ser- 
vices are provided to the individual. 

(9) "Chronically dependent" means a patient 
has been certified by a physician as: 

(a) being unable to perform, because of 
physical or cognitive impairment (without 
substantial assistance from another indi- 
vidual) arising from infection with the 
etiologic agent for acquired immune defi- 
ciency syndrome, at least two of the fol- 
lowing activities of daily living; bathing, 
dressing, toileting, transferring, and eating; 
or 

(b) having a similar level of disability due to 
cognitive impairment. 

Statutory! Authority G.S. I30A-223. 

.0803 ELIGIBLE PRO\ IDERS 

The HIV Health Services Program may contract 
with local health departments and other public 
and private organizations, institutions, and agen- 
cies in order to carry out the purposes of the 
Program. Only local health departments shall 
be eligible to contract for HIV Health Services 
Program reimbursement funds. 

Statutory Authority G.S. I30A-223. 

.0804 FINANCIAL ELIGIBILITY 

(a) HIV Health Services Program reimburse- 
ment funds shall be used to pay for home and 
commumty-based HIV health services provided 



5:19 NORTH CAROLINA REGISTER January 2, 1 99 1 



1191 



PROPOSED RULES 



to financially eligible patients. Financial eligibil- 
ity shall be determined by the local health de- 
partment by a signed declaration of gross income 
and family size by the patient or a person re- 
sponsible for the patient. A patient whose gross 
family income is 125 percent or less of Federal 
Poverty Guidelines shall be fmancially ehgible for 
full coverage under the program. A patient 
whose gross family income is between 125 per- 
cent and 200 percent of Federal Poverty Guide- 
lines shall be eligible for partial coverage as 
defmed in Rule .1306 of this Section under the 
program. A patient whose gross farruly income 
is 200 percent or more of Federal Poverty 
Guidelines is no eligible for coverage under the 
program. Copies of the Federal Poverty Guide- 
lines may be inspected at or obtained from the 
HIV Flealth Services Program. 

(b) Once a patient is determined to be fman- 
cially eligible, that eligibility shall continue for 
the duration of the plan of care for the patient, 
up to a maximum of one year. 

(c) The local health department shall document 
each tlnancial eligibility determination on a form 
provided by the HIV Health Services Program. 

(d) The local health department is authorized 
to require substantiating documentation when 
making tlnancial eligibihty dctenninations. 

Statutory Authority g.S. I30A-223. 

.0805 MEDICAL ELIGIBILITY 

A person who is certified by a physician to be 
HIV -I- and medically or chronically dependent 
and who is m need of home and community- 
based HIV health ser\'ices is eligible for services 
under this program. 

Statutory Authority G.S. I30A-223. 

.0806 BILLING THE HIV ME.\LTH 
SERMCES PROGRAM 

(a) If a patient's gross family income is 125 
percent or less of Federal Poverty Guidelines, the 
local heahh department may biJl the HIV Health 
Services Program Reimbursement Rate (Rule 
.1302). The local health department may not biO 
a patient m this income categop,'. 

(b) If a patient's gross family income is between 
125 percent and 200 percent of Federal Poverty 
Guidelines, the local health department may bill 
the program as follows: 

(1) 85 percent of the HIV Health Sen'ices 
Program Reimbursement Rate if the pa- 
tient's gross farnil)' income is between or 
includes 126 percent and 140 percent of 
Federal Povertv Guidelines: 



(2) 70 percent of the HIV Health Services 
Program Reimbursement Rate if the pa- 
tient's gross family income is between or 
includes 141 percent and 155 jsercent of 
Federal Poverty Guidelines; 

(3) 55 percent of the HIV Health Services 
Program Reimbursement Rate if the pa- 
tient's gross family income is between or 
includes 156 percent and 170 percent of 
Federal Po\erty Guidelines; 

(4) 40 percent of the HIV Health Services 
Program Reimbursement Rate if the pa- 
tient's gross family income is between or 
includes 172 percent and 185 percent of 
Federal Poverty Guidelines; or 

(5) 25 percent of the HIV Health Ser\'ices 
Program Reimbursement Rate if the pa- 
tient's gross family 'income is between or 
includes 186 percent and 199 percent of 
Federal Poverty Guidelines. 

Statutory Authority G.S. I30A-223. . 

.0807 R.ATES OF REIMBLRSEMENT 

(a) Local health departments that contract for 
reimbursement funds shall be reimbursed for 
home and community based HIV health services 
pro\ided to eligible patients in an amount and 
percentage based on the HIV Health Services 
Program Reimbursement Rate in effect at the 
time service is rendered, as specified in Rule .0802 
of this Section. 

(b) Claims for reimbursement from HIV 
Health Services Program must be documented 
and reported on a quarterly basis on a form pro- 
vided by the program. No claims for re- 
imbursement will be accepted by the HIV Health 
Services Program more than 180 days after the 
date of dehver)' of services. If after charging the 
program, the agency receives payment from the 
patient or other third party that would result in 
the local health department receiving more than 
the HIV Health Services Program Reimburse- 
ment Rate, the local health department shall re- 
imburse the program the difference between the 
total amount reimbursed from all sources and the 
HIV Health Services Program Reimbursement 
Rate. 

Statutory Authority G.S. /30A-223. 

.0808 REIMBLRSEMENT FLNDS: THIRD 
PAR lA PAYORS 

HIV Health Services Program reimbursement 
funds shall be used to pay for ser\'ices not reim- 
bursed by a third party payor. A contracting lo- 
cal health department must take reasonable 
measures to determine and subsequently collect 



1192 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



PROPOSED RULES 



the full legal liability of third party payors to pay 
for services reimbursed by the program before 
requesting payment from the HIV Health Ser- 
vices Program. 

Statutory Authority G.S. I30A-223. 

.0809 MONITORING 

Each local health department receiving re- 
imbursement funds shall submit the following 
information in a form as prescribed by and in the 
time frames established in the contract: 

(1) HIV Health Services Program quarterly re- 
port; 

(2) HIV Health Services Program annual re- 
port; 

(3) Quarterly expenditure report; 

(4j Report the fairly evaluated cost of unreim- 
bursed care provided to patients eligible for 
the HIV Health Services Program; and 

(5) Other information necessary for the effec- 
tive administration of the HIV Health Ser- 
vices Program. 

Statutory Authority G.S. I30A-223. 

.0810 AUDITS 

Local health department fmancial and statistical 
records, patient records, and any other pertinent 
information may be audited by the state as part 
of the overall monitoring and evaluation effort. 

Statutorx- Authority G.S. 130A-223. 



'k'kii'k'k'k'k^'k-k'k'k'k'k-k'k-k-k 



No 



otice is hereby given in accordance with G.S. 
I50B-I2 that the Commission for Health Services 
and Department of Environment, Health, and 
Natural Resources intends to amend rules cited 
as ISA NCAC ISA .260 J; ISA NCAC 19 A .0201; 
ISA NCAC 24 A .0303; and adopt nde cited as 
ISA NCAC ISA .2901. 

1 he proposed effective date of this action is May 
I, 1991. 

1 he public hearing will be conducted at 9:00 
a.m. on Februaiy 1 , 1 99 1 at the Ground Floor 
Hearing Room, Archdale Building, SI2 North 
Sahsbury Street. Raleigh. North Carolina. 



Co 



'Omment Procedures: Any person may request 
copies of the proposed rules by contacting John 
P. Barklev, DEHNR. P.O. Box 27687, Raleigh. 
NC 276l'l-7687, (919) 733-7247. Written com- 
ments on these rules may be sent to Mr. Bark ley 



at the above address or submitted at the public 
hearing. If you desire to speak at the public 
hearing, notify Mr. Barkley at least 3 days prior 
to the public hearing. At the discretion of the 
Chairman, the public may also be allowed to 
comment on the rules at the Commission meeting. 
Fiscal notes on applicable rules are available from 
Mr. Barkley. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .2600 - S.\NITATION OF 

RESTAURANTS .AND OTHER 

FOODHANDLING 

ESTABLISHMENTS 

.2601 DEFINITIONS 

The following defmitions shall apply in the in- 
terpretation and enforcement of this Section; 

(7) "Food stand" means those food service es- 
tabhshments which prepare or serve foods 
and which do not pro\'ide seating facilities 
e» A# promiooQ for customers to use while 
eating. Establishments which only serve 
such items as dip ice cream, popcom, can- 
died apples, or cotton candy are not in- 
cluded. 

Statutoty Authority G.S. 130A-248. 

SECTION .2900 - RESTAURANT AND LODGING 

FEE COLLECTION .\ND IN\ ENTORY 

PROGRAM 

.2901 DISBURSEMENT OF FUNDS 

Fees coUectcd pursuant to G.S. 130A-248(d) 
shall be distributed for the support of local public 
health programs and acti\ities to local health de- 
partments in the state as follows: 

(1) initial distribution to each local health de- 
partment shall be made in accordance with 
the following formula: (the total amount 
of fees collected minus projected state ex- 
penses related to the collection and inven- 
tory programs) multiplied by (the number 
of facilities in the county divided by the 
number of facilities in the state) multiplied 
by (the local health department's percentage 
of compliance with quarterly inspections re- 
quirements for the previous fiscal year, not 
to exceed 100 percent) equals the allocation 
to the local health department; and 

(2) distribution of remaining funds to local 
health departments with 100 percent com- 
pliance with quarterly inspection require- 
ments during the previous fiscal year shall 
be made in accordance with the following 
formula: (total amount of remaining funds 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



1193 



PROPOSED RULES 



after initial distnbution) multiplied by (the 
number of facilities in the county divided by 
the number of facilities in aO counties with 
100 percent compliance with quarterly in- 
spection requirements during the previous 
fiscal year) equals the additional allocation 
to the local health department. 

Statutory Authority G.S. I30A-248. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19A - ACUTE COMMUNICABLE 
DISEASE CONTROL 

SECTION .0200 - CONTROL MEASURES FOR 
COMMUNICABLE DISEASES 

.0201 CONTROL MEASURES 

(d) The following are the control measures for 
the Acquired Immune Deficiency Syndrome 
(AIDS) and Human Immunodeficiency Virus 
(HIV) infection: 

(4) \\Tien health care workers or other persons 
ha\-e had a nonsexual blood or body fluid 
exposure that poses a significant risk of 
transmission, the following shall apply: 
(A) WTien the source person is known: 
(i) The attending physician or occupa- 
tional health care provider responsible 
for the exposed person shall notify the 
attending physician of the person whose 
blood or body fluids is the source of the 
exposure that an exposure has occurred. 
If the attending physician of the source 
person knows the source's HIV in- 
fection status, the physician shall trans- 
mit this information to the attending 
physician of the exposed person. If the 
attending physician of the source per- 
son does not know the infection status 
of the source person, the physician shall 
discuss the exposure with the source 
and if the source person is at high nsk 
for HIV infection, shall request p'^ermis- 
sion for testing for HIV infection. If 
permission is granted, the source shall 
be tested. If permission is denied, the 
local health director may order testing 
of the source if the local health director 
determines that the exposure poses a 
significant risk of transmission of HIV 
and that the source is at high risk for 
HIV infection. WTiether or not the 
source is tested, the attending physician 
of the exposed person shall be notified 
of the risk status of the source and the 
infection status of the source, if known. 



(ii) The attending physician of the ex- 
posed person shall inform the exposed 
person about the infection status of the 
source, if known, offer testing for HIV 
infection as soon as possible after ex- 
posure and at reasonable inten.'als up to 
one year to determine whether trans- 
mission occurred, and, if the physician 
determines that there is a substantial 
risk that the source person was HIV 
infected, gve the exposed person the 
control measures listed in (d)( l)(a) 
through (c). The attending physician 
of the exposed person shall instruct the 
exposed person regarding the necessity 
for protectuig confidentiality. 

(B) When the source person is unknown, 
the attendmg physician of the exposed 
person shall inform the exposed person 
of the risk of transmission and offer test- 
ing for HIV infection as soon as possible 
after exposure and at reasonable intervals 
up to one year to determine whether 
transmission occurred. 

(C) A health care facilitv may release the 
name of the attendmg physician of a 
source person upon request of the attend- 
ing physician of an exposed person. 

Statutory Authority G.S. J30A-/44; 130A-I48. 

CHAPTER 24 - GENERAL PROCEDURES FOR 
PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT PROGRAMS 

SECTION .0300 - ELIGIBILITY PROCEDURES 

.0303 P.\YMENT LIMIT.\TIONS 

(c) Payment program benefits shall be available 
only for services or appliances which are not 
covered by another third party payor or which 
cannot be paid for out of funds received in 
settlement of a civil claim. However, payment 
program benefits shall be available for Children's 
Special Health Services sponsored clinic patients 
who cannot reasonably be examined or treated 
by a Medicaid provider or an authorized provider 
for another third party payor because of trans- 
portation problems, a need for emergency care, 
or similar exceptional situations. All exceptions 
must be approved by the Children's Special 
Health Services program's medical director. 
Also, Children's Special Health Ser.'ices may 
make payments for services pro\'ided to Medicaid 
patients when acting as a .Medicaid pro\ider un- 
der an agreement making the program cUgible tor 
reimbursement from Medicaid. Pro\idcrs shall 
take reasonable measures to collect other third 



1194 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



PROPOSED RULES 



party payments. For the purposes of this Sub- 
chapter, third party payor means any person or 
entity that is or may be indirectly liable for the 
cost of services or appliances furnished to a pa- 
tient. Third party payors include, without limi- 
tation, the following: 

(1) School services, including physical or oc- 
cupational therapy, speech and language 
patholog>' and audiology services, and 
nursing services for special needs children; 

(2) Medicaid; 

(3) Medicare, Part A and Part B; 

(4) Insurance; 

(5) Social Services; 

(6) Worker's compensation; 

(7) CnAMPUS;and 

(8) Head Start programs. 

Statutory Authority G.S. l30A-5(3): I30A-I24; 
130A-127; 130A-l'29; /30A-J77; I30A-205. 

TITLE 20 DEPARTMENT OF STATE 
TREASURER 

lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Local Government Commission 
intends to amend nde(s) cited as 20 S'CAC 3 
.0305. 

1 he proposed effective date of this action is May 
I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on February 1, 1991 at the Conference 
Room, Room 100, Albemarle Building, 325 North 
Salisbury Street, Raleigh, North Carolina 
27603- 13SS. 



Co 



' omment Procedures: A written copy of the 
comments will be required of all persons wishing 
to speak at the Public Hearing. All written com- 
ments must be received by 4:30 p.m. on February 
1 , 1991 . Written comments should be sent to the 
A PA Coordinator at the address above. 

CHAPTER 3 - LOCAL GOVERNMENT 
COMMISSION 

SECTION .0300 - SALE AND DELIVERY OF 
BONDS AND NOTES 

.0305 M.ATLRITIES OF BONDS 

(a) The maximum period of usefulness of cap- 
ital projects for which units of local government 
may issue bonds are as follows; 



( 1 ) 10 years from the date of the bonds used 
to fmance the following classes of im- 
provements and properties: 

(A) vehicles, including fire engines, fire 
trucks, hose carts, ambulances, police cars 
and patrol wagons, sanitation and solid 
waste disposal trucks or any vehicle for 
use in any department or by any official 
of the unit of local government; 

(B) voting machines; 

(C) fire or police alarms and communi- 
cation systems for use of any department 
of the unit of government; 

(D) any equipment, machinery, apparatus, 
furnishings or other personal property ac- 
quired in any manner other than incident 
to the construction of a new building, 
major renovation of an existing building, 
the construction of a sanitary landfdl, or 
the construction or major renovation of a 
park or playground facility; 

(2) 20 years from the date of the bonds used 
to fmance the following classes of im- 
provements and properties: 

(A^ plants fof incin e ration ef disposal ©f 
solid wasto; 

(A) {Wf sanitary landfills, including land, site 
preparation, earthmoving equipment, 
compactors, and other necessary machin- 
ery; 

(B) {Gf construction and reconstruction of 
streets, including grading and landscaping; 

(C) (©) construction and reconstruction of 
sidewalks, curbs, gutters, including grad- 
ing; 

(D) fE4 bridges and culverts, including re- 
taining walls and approaches; 

(3) 25 years from the date of the bonds used 
to finance plants for incineration or dis- 
posal of solid wastes; 

(4| (4^ 30 years from the date of the bonds 
used to fmance the following classes of 
improvements and properties: 

(A) cable television systems, 

(B) elimination of any grade-crossings or 
crossings and improvements thereto, 

(C) land for cemeteries or improvements 
thereto; 

(5) f4^ 40 years from the date of the bonds 
used to tlnance the following classes of 
improvements and properties: 

(A) water systems; 

(B) sanitary sewer systems and storm sewer 
systems (including drainage projects); 

(C) electric power systems; 

(D) gas systems; 



5:19 NORTH CAROLIN.A REGISTER January 2, 1991 



1195 



PROPOSED RULES 



(E) watershed improvement projects and 
acquisition of land or interest in land 
necessary therefor; 

(F) airports, including land and grading, 
buildings, equipment and improvements 
thereto; 

(G) public parks and playgrounds, includ- 
ing land, site improvements, buildings, 
equipment, and other necessary structures 
and furnishings; 

(H) street land; 

(I) land and improvements thereto for pur- 
poses not otherwise stated in this Regu- 
lation; 

(J) buUdings or other structures for pur- 
poses not otherwise stated in this Regu- 
lation; 

(K) groins, jetties, dikes, moles, sand dunes, 
vegetation or other types of works or im- 
provements which are designed for the 
control of beach erosion or for the pro- 
tection from flood and hurricanes or for 
the preservation or restoration of facilities 
and natural features: 

(L) any improvement or property not oth- 
erwise slated in this Regulation. 

Scatutoty Authority G.S. /59-3(f); 159-122. 

TITLE 21 - OCCl RATION AL LICENSING 
BOARDS 



CHAPTER 16 - BOARD OF DENTAL 
EXAMINERS 

SUBCHAPTER 16A - ORGANIZATION 

.0001 DEFINITIONS 

As used in this Chapter: 

(1) "Applicant" means a person applying for a 
dental license, a dental hygiene license or a 
dental intern permit; 

(2) "Board" means the North Carolina State 
Board of Dental Examiners; and 

(3) "Candidate" means a person who has ap- 
pUed and been accepted for examination to 
practice dentistry or dental hygiene in North 
Carolina. 

Statutory Authority G.S. 90-26; 90-28; 90-29 (a); 
90-30; 90-43; 90-48. 

SUBCHAPTER 16B - LICENSURE 
EXAMIN.ATION: DENTISTS 

SECTION .0100 - GENERAL PROVISIONS 

.0101 EXAMIN.\T10N REQUIRED 

All persons desiring to practice dentistry in 
North Carolina are required to appear before the 
Board and pass written and clinical examinations 
before receiving a Hcense. regardless »f whothor 
the person ba* previously boon licensed m tias 
stat e &f another state. 



iS otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the North Carolina State Board of 
Dental Examiners intends to amend rule(s) cited 
as 21 NCAC 16A .0001; I6B .0101, .0307, .03/5; 
16C .0306. .0310; 16D .0101; I6G .0003; I6H 
.0202; 161 .0004; 16J .0003; 160 .0401. 

1 he proposed effective date of this action is May 
1. 1991. 



Th 



he public hearing will be conducted at 8:30 
a.m. on February 15. 1991 at the 3716 National 
Drive, Suite 221 , Raleigh, North Carolina. 



Co 



- omment Procedures: Persons wishing to pres- 
ent oral data, views or arguments on a proposed 
nde or ride change may file a notice with the 
Board at least 10 days prior to the public hearing 
at which the person wishes to speak. Comments 
should be limited to 10 minutes. The Board's 
mailing address is: P.O. Box 32270, Raleigh. N.C. 
27622-2270. Any person may file a written sub- 
mission of comments or argument at any time until 
February S, 1991. 



Statutory A uthority 
90-38; 90-48. 



G.S. 90-28; 90-30; 90-36; 



SECTION .0300 - APPLICATION 

.0307 EXA.MINATIONS 

(a) The Board, having reviewed and evaluated 
the written examinations as administered by the 
Joint Commission on National Dental Exam- 
inations and having found the same to be reh- 
able, accurate and valid examinations, has 
adopted as part of its written examination the 
National Board Dental Examination. Applicants 
for dental licensure must achieve a passing score 
upon such examination. The results of the Na- 
tional Board Dental Examination wiU be re- 
quired by the Board before the candidate will be 
admitted for clinical examination. Each appli- 
cant will be responsible for furnishing to the 
Board the Nation;il Board score. 

fb^ Paragraph fa^ ef th*s Rul e shall ftert- apply 
te- apphoants graduated more than tea years prior 
t«- tbe date ef application. 

(b) (e^ Additional written examinations may be 
given in such areas or subject matter fields as the 
Board may designate. 



1196 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



PROPOSED RULES 



(c) f4^ Each candidate is required to present a 
dental diploma or certification of completion of 
requirements for graduation at the initial exam- 
ination session. 

(d) («) Written instructions designating the sub- 
ject areas to be covered will be made available to 
candidates prior to the date fixed for each exam- 
ination. 

(e) (^ Each candidate will be given a numbered 
badge. Ihis badge will contain the candidate's 
photograph and will be presented to the candi- 
date at the opening session. The number on the 
badge will be the only identification allowed on 
any paper or manuscript during this examination. 
This badge must be returned to the Board at the 
completion of the examination. 

(f) (§) The Board reserves the right to dismiss 
any candidate who may be detected using or at- 
tempting to use any unfair assistance. If such 
violation is discovered by the Board after a li- 
cense has been issued to the violator, the license 
will be re\'oked. 

Statutoiy Authority G.S. 90-2S: 90-30; 90-4S. 

.0315 REEXAMINATION 

(a) A complete application, except for school 
transcripts, National Board score and letters of 
recommendation, is required in case of reexam- 
ination. 

(b) It- i* rocommendL'd tl»t- afty .Anx' candidate 
who has failed the examination three times must 
successfully complete an additional course of 
study 34- aw- approsL ' d f . chool t*f dentistry »f s e n e 
aft intomship. m clinical dentistry encompassing 
at least one academic year, such course to be 
approved bv the Board. Such applicant should 
must send evidence of additional study, e* 
intomohip along with the application, before be- 
ing admitted for reexamination. 

Statutory Authority G.S. 90-2S; 90-30; 90-48. 

SI BCHAPTER 16C - LICENSLRE 
EXAMIN.\TION: DENTAL HVGIENIST 

SECTION .0300 - APPLICATION 

.0306 EX.\MINATIONS 

(a) The Board, having reviewed and evaluated 
the written examination as administered by the 
Joint Commission on National Dental Exam- 
inations and having found the same to be a reli- 
able, accurate and valid examination, has 
adopted as a part of its written examination the 
National Board Dental Hygiene Examination. 
Applicants for dental hygiene licensure must 
achieve a passing score on such examination. 
fh^ r e sult a &f tb# National Board Examination 



wili h% requir e d by tfee Board b e for e tbe appU 
eaftt win be admitted fof clinical e xamination. 
Each applicant will be responsible for furnishing 
to the Board the National Board score. 

(fe) Paragraph (a) ef tiu* Rulo sfeali He* apply 
to applicants graduat e d from a program ef dontal 

application. 

(b) {e^ Additional written examinations may be 
given to each candidate in such subject areas as 
the Board may designate. 

(c) (4^ Each candidate wUl be given a numbered 
badge. This badge will contain the candidate's 
photograph and will be presented to the candi- 
date at the opening session. The number on the 
badge wlU be the only identification allowed on 
any paper or manuscript during the examination. 
This badge must be returned to the Board at the 
completion of the examination. 

(d) fe^ The Board reserves the right to dismiss 
any candidate who may be detected using or at- 
tempting to use any unfair assistance. If such 
violation is discovered by the Board after a li- 
cense has been issued to the violator, the license 
win be revoked. 

Statutory^ Authority G.S. 90-222; 90-223; 90-224. 

.0310 REEXAMIN.\TION 

(a) A complete application except for school 
transcripts, National Board score and letters of 
recommendation, is required in case of reexam- 
ination. 

(b) 14- i* rocommcndc-'d that- aft¥ Any applicant 
who has failed the examination three times must 
successfully complete an additional course of 
study at- aft appro sed school »f dontal hygiono. 
in clinical dental hygiene encompassing at least 
one academic year, such course to be approved 
bv the Board. Such apphcant should must send 
evidence of additional study, te- the Board offic e 
along with the appUcation, before the applicant 
wlU be admitted for reexamination. 

Statutory Authority G.S. 90-222; 90-223; 90-224. 

SUBCHAPTER I6D - PROVISIONAL 
LICENSLRE: DENTISTS 

SECTION .0100 - GENERAL PROVISIONS 

.0101 ELIGIBILITY REQUIREMENTS 

(a) No person shall be eligible for pro\isional 
licensure under the provisions of G.S. 90-29.3 
who has not been licensed to practice dentistry 
in another jurisdiction and actually engaged in 
the practice of dentistry- for a penod of not less 
than two years mimediately preceding the date 
of appUcation for provisional licensure. 



5:19 NORTH CAROLINA REGISTER January 2, 1 99 1 



1197 



PROPOSED RULES 



Statutory Authority G.S. 90-28; 90-29.3; 90-48. 
SLBCHAPTER 16G - DENTAL HVGIEMSTS 

.0003 PROCEDURES PROHIBITED 

Those procedures which do require the profes- 
sional education and skill of a dentist and may 
not be delegated to a dental hygienist shall spe- 
cifically include, but shall not be limited to: 

(1) .-Vny intra-oral procedure which would af- 
fect the function or efficiency of an appliance 
which, when worn by the patient, would 
come in direct contact with hard or soft tis- 
sue and which could result in tissue irri- 
tation; 

(2) The placing of permanent type restorations 
in or on teeth; 

(3) Taking of impressions and jaw registrations 
other than study models and opposing casts 
\\hich will not be used for construction of 
dental appliances; 

(4) .Any and all correction of malformation of 
teeth or the jaws: 

(5) Decisions as to drugs and their dosage, 
prescription writing, and work authori- 
zations: 

(6) Any and all administration of local or gen- 
eral anesthesia, except application of topical 
anesthetics: however, a certified registered 
nurse anesthetist shall be deemed to be a 
lawfully qualitied nurse and as such, mav 
administer anesthetics under the supervision 
of a licensed dentist. 

Statutory Authoritv G.S. 90-29(b)(6); 
90-221(a); 90-223(bj. 

SLBCHAPTER 16H - DENTAL .ASSISTANTS 

SECTION .0200 - PERMITTED FLNCTIONS OF 
DENTAL .\SSISTANT 

.0202 SPECIFIC PERMITTED FLNCTIONS 
OF DENT.\L .ASSISTANT 1 

A Dental Assistant 1 may do and perform the 
following acts and functions, after adequate 
training and qualification, under the direct con- 
trol and supenision of a dentist, which dentist 
shall be personally responsible and liable for any 
and all consequences or results arising from the 
performance of these acts and functions: 
(1) Take radiographs of the mouth, gums. jaws, 
teeth or an\' portion thereof for dental diag- 
nostic purposes provided, however, any 
Dental Assistant I who becomes initially 
employed after January" 1. 1971 must show 
evidence of having completed at least 44 b4 
clock hours in a formal educational program 



(which includes an examination) before be- 
ing permitted to take radiographs; 

(2) Apply topical fluorides directly to the teeth 
of any person the dentist is treating; and 

(3) Apply topical anesthetics or other topical 
medications within the oral cavity of any 
person the dentist is treating. 

Statutory- Authority G.S. 90-28; 90-29 (c)(9); 
90-48; 90-222; 90-223; 90-233 (c)(3). 

SLBCHAE'TER 161 - .\NNLAL RENEWAL OF 
LICENSES: DENTAL IH GIENIST 

.0004 FORM OF CERTIFICATE 

The certificate of renewal of license shall bear a 
serial number which need not be the serial num- 
ber of the original license issued, the full name 
aft4 addr e ss of the applicant, and the date of is- 
suance. 

Statutory Authority G.S. 90-222; 90-223; 90-227. 

SLBCHAPTER 16J - S.ANIT.ATION 

.0003 STERILIZATION 

(a) .All instruments or equipment used in the 
treatment of dental patients shall be sterilized 
according to usage, (i.c;., autoclavo. boHing water 
otordizor r ©f ireW- oterilij'.er solutions *» indicated). 
All dental otTices shall follow current and ac- 
cepted injection control practices. 

(b) Fftectr.e control techmques and prec- 



autions to pre\'ent the cross-contamination and 
transmission of infection to all persons is the 
professional responsibility of all dentists. Den- 
tists are required to maintain and pro\-ide a safe. 
therapeutic en\Lronment for patients and em- 
ployees and to foUow a comprehensne and 
practical infection control program at all tunes. 



Statutorv Authority G.S. 
90-48. 



90-28; 90-41 (a) (23); 



SLBCHAPTER 16Q - GENER.AL .ANESTHESIA 
AND SEDATION 

SECTION .0400 - RENEWAL OF PERMITS 

.0401 ANNUAL RENEWAL REQLIRED 

(a) Both general anesthesia and sedation per- 
mits shall be renewed by the Board on an annual 
basis. Such renewal shall be accompHshed in 
conjunction with the license renewal process, and 
applications for permits shall be made at the 
same time as applications for renewal of licenses. 

(b) .Anesthesia and sedation permits are subject 
to the same renewal deadlines as are dental prac- 
tice licenses, in accordance with G.S. 90-31. If 



119S 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



PROPOSED RULES 



the permit renewal application is not received by 
the date specified in G.S. 90-31, continued ad- 
ministration of anesthesia or sedation shall be 
unlawful and shall subject the dentist to the 
penalties prescribed by Section .0600 of this 
Subchapter. 

(c) Renewal of general anesthesia and sedation 
permits shall be subject to the submission bv 
each permit holder of satisfactory evidence that 
he has completed a muumum of six hours of 
continuing education during the previous year. 
Such continuing education shall be in one or 
more of the following areas: general anesthesia; 
conscious sedation; physical evaluation; 
medical dental emergencies; monitoring; use of 
monitonng equipment; pharmacology of utilized 
drugs and agents: or basic or advanced cardiac hie 
support. No course shall be accepted under this 
requirement unless said course is approved bv the 
Board. 

Siaiutoij Authority G.S. 90-2S; 90-30.1: 90-4S. 



ly otice is hereby given in accordance with G.S. 
1 508- 1 2 that the \orth Carolina Board of Xurs- 
ing intends to amend rule cited as 21 SCAC 36 
.0217. 

1 he proposed effective date of this action is May 
1, 1991. 

1 he public hearing will be conducted at 2:00 
p.m. on February 13, 1991 at the North Carolina 
Board of Sursing. 3724 National Drive, Suite 201, 
Raleigh, NC 27602. 

y^omment Procedures: Any person wishing to 
present testimony relevant to the proposed rule 
may register at the door before the hearing begins 
and present the hearing officer with a written copy 
of the testimony. Written statements may be di- 
rected frve days prior to the hearing date to the 
North Carolina Board of Nursing. P.O. Box 2129, 
Raleigh. NC 27602-2129. 

CHAPTER 36 - BOARD OF M RSING 

SECTION .0200 - LICENSURE 

.0217 RE\OCATION, SUSPENSION, OR 
DENIAL OF LICENSE 

(a) The definitions contained in G.S. 90-171.20 
and G.S. 150B-2 (01). (2). (2b). {i}. (4). (5). (8), 
(8a). (8b), (9) are adopted bv reference withm 



this Rule according to G.S. 1 508- 14(c). In ad- 
dition, the following definitions apply: 

(1) "Administrative Law Counsel" means an 
attorney whom the Board of Nursing has 
retained to serve as procedural officer for 
contested cases. 

(2) "Prosecuting Attorney" means the attor- 



ney retained by the Board of Nursing to 
prepare and prosecute contested cases, 
(b) fa^ Behaviors and activities which may result 

in disciplinary action by the Board include, but 

are not limited to, the following: 



(f) 
(2) 
(3) 



(4) 



(6) 



drug or alcohol abuse; 

violence-related crime; 

illegally obtaining, possessing or distrib- 
uting drugs or alcohol for personal or 
other use, or other violations of G.S. 
90-86 to 90-113.8; 

e\idence of any crime which undermines 
the public trust; 
5) failure to make available to another health 
care professional any chent information 
crucial to the safety of the client's health 
care; 

delegating responsibilities to a person 
when the licensee delegating knows or has 
reason to know that the competency of 
that person is impaired by physical or 
psychological ailments, or by alcohol or 
other pharmacological agents, prescribed 
or not; 

practicing or offering to practice beyond 
the scope permitted by law; 

accepting and performing professional 
responsibilities which the licensee knows 
or has reason to know that he or she is 
not competent to perform; 

performing, without adequate super- 
vision, professional services which the 
licensee is authorized to perform only un- 
der the supervision of a licensed profes- 
sional, except in an emergency situation 
where a person's life or health is in danger; 

(10) abandoning or neglecting a chent who is 
in need of nursing care, without making 
reasonable arrangements for the contin- 
uation of such care; 

(11) harassing, abusing, or intimidating a ch- 
ent either physically or verbally; 

( 1 2) failure to maintain an accurate record for 
each cUent which records all pertinent 
health care infonnation as defmed in 
Rules .0224(0(2) or .0225(f)(2); 

(13) failure to exercise supervision over per- 
sons who are authorized to practice only 
under the supervision of the hcensed pro- 
fessional; 



(7) 
(8) 

(9) 



5:19 NORTH CAROLINA REGISTER Jamiarv 2, 1991 



1199 



PROPOSED RULES 



(14) exercising undue iafluence on the client, 
including the promotion of the sale of 
senices, appliances, or drugs for the fi- 
nancial gain of the practitioner or of a 
third party; 

(15 1 directh" or indirectly offering, giving, so- 
hciting, or receiving or agreeing to receive, 
any fee or other consideration to or from 
a third party for the referral of a client: 

(16) failure to file a report, or filing a false re- 
port, required by law or by the Board, or 
impeding or obstructing such filing or in- 
ducing another person to do so; 

(1 " ) revealing identifiable data, or information 
obtained in a professional capacity, with- 
out prior consent of the client, except as 
authorized or required by law; 

(15) guaranteeing that a cure will result from 
the performance of professional sen ices; 

(19) altering a license by changing the expira- 
tion date, certification number, or any 
other information appearing on the li- 
cense; 

(20) using a license wliich has been altered; 

(21 ) permitting or allowing another person to 
use his or her license for the purpose of 
nursing; 

(22) delegating professional responsibilities to 
a person when the licensee delegatmg such 
responsibilities knows or has reason to 
know that such a person is not qualified 
by training, by experience, or by licensure; 

(23) \iolating any term of probation, condi- 
tion, or limitation imposed on the licensee 
by the Board; 

(24) accepting responsibility for client care 
while impaired by alcohol or other 
pharmacological agents; or 

(25) falsifying a cUent's record or the con- 
trolled substance records of the agency. 

(c) fb-)- When a person licensed to practice 
nursing as a licensed practical nurse or as a reg- 
istered nurse is also Licensed by in another juris- 
diction and that other junsdiction takes 
disciplinarv^ action against the licensee, the North 
Carolina Board of Nursing may summarily im- 
pose the same or lesser discipUnan," action upon 
receipt of the other jurisdiction s action. The 
licensee may request a hearmg. At the hearing 
the issues wiU be limited to; 

(1) whether the person against whom action 
was taken by the other junsdiction and 
the North Carolina licensee are the same 
person; 

(2) whether the conduct found by the other 
jurisdiction also \iolates the North 
Carolina Nursing Practice Act; and 



(3) whether the sanction imposed by the other 
jurisdiction is lawful under North 
Carolina law. 
A hearing under this Paragraph will be held in 
Wake County. 
(d) (ef Before the North Carolina Board of 
Nursing makes a bindmg final decision in any 
contested case, the person, applicant or licensee 
who » to b* affected by such action decision will 
be afforded an administrative hearing pursuant to 
the provisions of .-\rticle 3A, Chapter 150B of the 
North Carolina General Statutes. 



(1) 



The Paragraphs contained in this Rule 
shall appK" to conduct of all contested 



cases heard before or for the North 
Carolina Board of Nursing. 

(2) Ihe following general statutes, rules, and 
procedures apply and are adopted bv ref- 
erence within this Rule accordmg to G.S. 
15nB-14(c). unless another specific statute 
or rule of the North Carohna Board of 
Nursing pro\"ides otherwise: Rules of 
Ci\il Procedure as contained in G.S. lA-1 
and Rules of Evidence pursuant to G.S. 
Chapter ^C; G.S. %-86 through 90-1 13.8; 
21 NCAC 36 .0224 -_ .0225; Article 3 A. 
Chapter 150B; and Rule 6 of the General 
Rules of Practice for Superior and District 
Court. 

(3) E\er\' document filed with the Board of 
Nursing shall be signed bv the person, 
applicant, licensee, or his attorney who 
prepares the document and shall contain 
his name, title position, address, and tele- 
phone number. If the individual invohed 
is a licensed nurse the nursing license cer- 
tilicate number sh^dl appe:tr on all corre- 
spondence with the Board of Nursing. 

(e) ff the Board of Nursing, through the 
Chairman and Executive Director, finds that the 
public health, safety, or welfare requires emer- 
gency action, a license may summanh' be sus- 
pended. Such a finding shall be incorporated 
with the order of the Board of Nursing and the 
order shall be effecti\e on the date specUied m the 
order or on service of the certified copy of the 
order at the last known address of the hcensee 
and elTective during the proceedings. Failure to 
receive the order because of refusal of service or 
unknown address does not in\'alidate the order. 



Proceedmgs shall be commenced in a timelv 



manner. 



(f) The Board, through its stafT. shall issue a 
Letter of Charges only upon completion of an 
in\estigation. bv the Discipline Con>ultant or 
other authorized Board staff, of a written or 
\erbal complaint and re\iew with legal counsel 



1200 



5:19 NORTH CAROLINA REGISTER January 2, 1 99 1 



PROPOSED RULES 



and/or prosecuting attorney and/or Executive 

Director. 

(1) Subsequent to an investigation and vali- 
dation of a complaint, a Letter of Charges 
will be sent on behalf of the Board of 
Nursing to the licensee who is the subject 
of the complaint. 
tAl Ihe Letter of Charges shall be served 
in accordance with Cj.S. lA-1, Rule 4^^ 
Rules of Civil Procedure. 



(21 



(B) The Letter of Charges serves as the 
Board's formal notification to the licensee 
that an allegation of possible violation(s) 
of the Nursing Practice Act has been ini- 
tiated. 

(C) The Letter of Charges does not in and 
of itself constitute a contested case. 



(2) The Letter of Charges shall include the 
foUowmg: 

(A) a short and plain statement of the fac- 
tual allegations; 

(B) a citation of the relevant sections of the 
statutes and /or rules involved; 

(C) notification that a settlement conference 
will be scheduled upon request; 

(D) explanation of the procedure used to 
govern the settlement conference; 

(E) notification that if a settlement confer- 
ence is not requested, or if held, does not 
result in resolution of the case, an admin- 



istrative hearing will be scheduled; and 
(F) if applicable, and in accordance with 
Board-adopted policy, an offer of volun- 
tary surrender or reprimand also may be 
included in specified types of alleged vio- 
lations of the Nursing Practice Act. 
(3) A case becomes a contested case after the 
hcensee, person, or applicant disputes the 
allegations contained in the Letter of 
Charges, requests an administrative hear- 
ing, or refuses to accept a settlement offer 
extended by the Board of Nursing, 
(g) No Board member shall discuss with any 
party the merits of any case pending before the 
Board of Nursing. Any Board member who has 
direct knowledge about a case prior to the com- 
mencement of the proceeding shall disqualify 
himself from any participation with the majority 
of the Board of Nursing hearing the case. 

(h) A settlement conference, if requested by the 
licensee, is held for the purpose of attempting to 
resolve a dispute through informal procedures 
prior to the commencement of fonnal adminis- 
trative proceedings. 

(1) The conference shall be held in the offices 
of the Board of Nursing, unless another 
site is designated bv mutual agreement of 
all invohed parties- 



All parties shall attend or be represented 
at the settlement conference. I'he parties 
wlU be prepared to discuss the alleged vi- 
olations and the incidents on which these 
are based. 



(3) Prior to the commencement of the settle- 



ment conference, a form shaU be signed 
by the licensee which invalidates all pre- 
vious offers made to the licensee by the 
Board. 
(4) At the conclusion of the day during which 
the settlement conference is held, a form 
must be si.gned by all parties which indi- 
cates whether the settlement offer is ac- 



cepted or rejected. 
decision: 



Subsequent to this 



(A) if a settlement is reached, the Board of 
Nursing will forward a wntten settlement 
agreement containing all conditions of the 
settlement to the other party(ies); or 

(B) if a settlement cannot be reached, the 
case wlU proceed to a formal administra- 
tive hearing. 

(i) Informal disposition may be made of any 
contested case or an issue in a contested case by 
stipulation, agreement, or consent order at any 
time prior to or dunng the hearing of a contested 
case. 

(j) The Board of Nursing shall give the parties 
in a contested case a Notice of I tearing not less 
than 15 calendar days before the hearing. The 
Notice shall be given in accordance with G,S. 
lA-1, Rule 4^ Rules of Civil Procedure. The 
notice shall include: 



(1) Acknowledgement of service, or attempted 
service, of the Letter of Charges in com- 
pliance with Paragraph (f) of this Rule; 
Date, time, and place of the heanng; 
Notitication of the right of a party to rep- 
resent himself or to be represented by an 
attorney; 



(21 
(31 



(41 



(51 



A statement that, pursuant to Paragraph 
(n) of this Rule, subpoenas may be re- 
quested by the licensee to compel the at- 
tendance of witnesses or the production 
of documents; 

A statement advising the licensee that a 
notice of representation, containing the 
name of Licensee's counsel, if any, should 
be tiled with the Board of Nursing not less 
than 10 calendar days prior to the sched- 
uled date of the heanng; 



(61 



A statement advising the licensee that a list 
of all witnesses for the licensee should be 
filed with the Board of Nursing not less 
than 10 calendar da\'s prior to the sched- 
uled date of the heaiing; and 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



1201 



PROPOSED RULES 



(1) A statement advising the licensee that 
failure to appear at the hearing mav result 
in the allegations of the Letter of Charges 
being taken as true and that the Board 
ma>' proceed on that assumption. 
Prehearine conferences mav be held to 



(k) 



mav be held to (4) 



simplifv the issues to be determined, to obtain 
stipulations in regards to testimonv and or ex- 
hibits, to obtain stipulations of agreement on 
nondisputed facts or the application of particular 
laws, to consider the proposed witnesses for each 
party, to identifv and exchange documentar\' e\- 
idence intended to be introduced at the hearing, 
and to consider such other matters that ma\- be 
necessar\' or ad\isable for the efficient and expe- 
ditious conduct of the hearing. 



(1 



Oi 



The prehearing conference will be con- 
ducted in the offices of the Board of 
Nursing, unless another site is designated 
by mutual agreement of all parties. 
The prehearmg conference shall be an in- 
formal proceeding and shaU be conducted 
bv a Board-designated administratne law 
counsel. 



(3) .AH agreements, stipulations, amendments, 
and or other matters resulting from the 
prehearing conference shall be in writing, 
signed bv aJJ parties, and introduced into 
the record ziX_ the beginning of the t'ormal 
administrati\'e heanng. 
(1) AJJ hearings conducted bv the Board of 
Nursing shall be open to the public. .All hearings 
are conducted m Wake Countv. except bv mu- 
tual consent of all parties when a majority of the 
Board has con\ened for the purpose of conduct- 
ing business in another location. 

(m) The discoverN" proMsions of the N.C. Rules 
of Civil Procedure shaU applv to aU proceedmgs 
before the Board of Nursing. 

(n) The Board of Nursing, through its Execu- 
ti\e Director, mav issue subpoenas for the Board 
or a licensee, in preparation for, or m the conduct 
of. a contested case. 

( 1 ) Subpoenas mav be issued for the appear- 
ance of witnesses or the production of 
documents or information, either at the 
heanng or for the purposes of discovery^ 

(2) Requests bv a licensee for subpoenas shall 
be made in wnting to the Executive Di- 
rector and shall include the following: 

(A) the full name and home or business 
address of aU persons to be subpoenaed: 
and 

(B) the identitlcation. with specificity, of 
an\' documents or inl'ormation being 
sought. 



(o) 



address of the party requesting the 
subpoena. In the case of subpoenas for 
the purpose of disco\'er%", the subpoena 
shall include the date, time, and place for 
responding to the subpoena. 
Subpoenas shall be served as provided bv 
the Rules of Civil Procedure. G.S. lA-1. 
ITie cost of service, fees, and expenses of 
any witnesses and or documents 
subpoenaed shall be paid by the party re- 
questing the witnesses. 
.AU motions related to a contested case. 



except those made during the heanng. shall be in 
wnting and submitted to the Board of Nursing 
at least 10 calendar davs before the hearmg. 
Preheanng motions will be heard at a preheanng 
conference or at the contested case hearing pnor 
to the commencement of testimony. ITie desig- 
nated administratne law counsel will hear the 
motions and the response from the non-mo\'mg 
party pursuant to Rule 6 of tli£ General Rules 
of Practice for the Superior and District Courts. 

ip) Requests for a continuance of a hearing 
mav be granted upon a showing of good cause. 
Requests for a continuance must be in writing 
and recei\ed in tlie olfice of the Board of Nursing 
no less than seven calendar da\s before the hear- 
mg date. In determining whether good cause 
exists, consideration u'lU be gix'en t£ the abiUtv 
ot^ the party requesting a contmuance to proceed 
etTecti\'elv without a continuance. A request for 
a continuance tiled within se\en calendar davs 
from the date of the hearing shall be denied un- 
less the reason for the request could not ha\e 
been a.scertained earlier. 

(q) -All heanngs bv the Board of Nursing wiU 
be conducted bv a majority of members of the 
Board of Nursing, except as pro\ided in Subpar- 
agraph ( 1 ) of this Paragraph. I'he Board of 
Nursing shall designate one of its members to 
preside at the heanng. The Board of Nursing 
shall designate an administrati\e law counsel as 
procedural otTicer to conduct the proceedings of 
the heanng. The seated members of the Board 
of Nursmg shall hear all evidence, make tlndmgs 
of fact and conclusions of law. and issue an order 



(3) Subpoenas shall include the date, time, 
and place of the heanng and the name :md 



reflecting a majontv decision of the Board. 

( 1) When a majontN' of the members of the 
Board of Nursmg is unable or elects not 
to hear a contested case, the Board of 
Nursmg shall request the designation of 
an administrati\e law judge from the Of- 
fice of .Administrative Hearings to preside 
at the heanng. The pro\isions of Article 
3A. Chapter 150B and 21 NCAC 36 .0217 
shall govern a contested case m which an 
administrative lau" judge is designated as 
the Heanng OtTicer. 



1202 



5:19 yORTH CAROLLXA REGISTER January 2, 1991 



PROPOSED RULES 



(2) If a party fails to appear in a contested case 
after receiving proper notice, the Board 
of Nursing may continue the hearing or 
proceed with the hearing and make a de- 
cision in the absence of the party. 

(3) In the event that any party or attorney or 
other representative of a party engages in 
conduct which obstructs the proceedings 
or would constitute contempt if done in 
the General Court of Justice, the Board 
may apply to the applicable superior court 
for an order to show cause why the 
person(s) should not be held m contempt 
of the Board and its processes. 
During a hearing, if it appears in the in- 
terest of justice that further testimony 
should be received and sulTicient time 
does not remain to conclude the testi- 
mony, the Board of Nursing may con- 



(41 



tinue the hearino to a future date to allow 



for the additional testimony to be taken 
by deposition or to be presented orally. 
In such situations and to such extent as 
possible, the seated members of the Board 
of Nursing and the designated admimstra- 
tive law counsel shall receive the addi- 
tional testimony, hi the e\ent that new- 
members of the Board and or a dilYerent 
administrative law counsel must partic- 
ipate, a cop\' of the transcript of the hear- 
ing wlU be provided to them prior to the 
receipt of the additional testimony, 
(r) All parties have the right to present evi- 
dence, rebuttal testimony and argument with re- 
spect to the issues of law, and to cross-examine 
witnesses. The North Carolina Rules of Hvi- 
dence in G.S. Chapter SC shall apply to con- 
tested case proceedings, except as provided 
otherwise in ttus Rule and G.S. 150B-41. 

( 1 ) A deposition may be used in lieu of other 
e\idence when taken in compliance with 
the Rules of Ci\il Procedure, G.S. lA-1. 

(2) Sworn affidavits ma\' be introduced by 
mutual agreement from all parties. 

(3) All oral testimony shall be under oath or 
affirmation and shall be recorded. Lnless 
otherwise stipulated by all parties, wit- 
nesses are excluded from the hearing room 
untU such time that they ha\e completed 
their testimony and ha\e been released. 

(s) .An\' form or Board-appro\cd policy or 
procedure referenced m this Rule, or any rules 
applicable to a case, are available upon request 
from the Board of Nursing and will be supplied 
at a reasonable cost. 



Statutory Authority G.S. 90-171 .23(b)(3)(7 ); 
90-171.37; 90-171.47; 150B-II; I50B-I4; 
I50B-38 through 150B-42. 



lyotice is hereby given in accordance with G.S. 
J SOB- 12 that the North Carolina State Board of 
Examiners for Nursing Home Administrators in- 
tends to amend rule(s) cited as 21 NCAC 37 
.0603 and .0606. 

1 he proposed effective date of this action is May 

I. 1991. 

1 he public hearing will be conducted at 10:30 
a.m. on February 12, 1991 at 3700 National Drive, 
Suite 104, Raleigh. N.C. 

C omment Procedures: Written comments may 
be sent to NC State Board of Examiners for 
Nursing Home Administrators, 3701 National 
Drive, Suite 123, Raleigh. NC 27612. Request for 
an opportunity to present oral testimony and a 
summary of the testimony must be received at this 
address no later than January 23, 1991. 

CH.\PTER 37 - BO.\RD OF NLRSING HOME 
ADMINISTRATORS 

SECTION .0600 - EX.\MINATION 

.0603 EXAMINATION 

(a) There shall be a charge of one hundred fifty 
dollars ($150.00) to take the national examina- 
tion and sixty dollars ($60.00) to take the state 
examination. 

(b) If the applicant does not pass the exam- 
ination, no refund wUl be made. 

(c) The applicant will be required to pay the 
appropriate fee each time he takes the examina- 
tion. 

(d) Upon the third failure of any examination 
required by the Board, the AIT and the preceptor 
must submit to the Board a program to 
strengthen the candidate's weakness as demon- 
strated by the previous test results. Upon ap- 
proval by the Board of the program and 
completion thereof by the candidate, he shall be 
allowed to take the examinations a fourth tune. 

Statutory Authority G.S. 90-278; 90-2S0; 90-2S5. 

.0606 DISQUALIFICATION 

(a) ,An applicant for examination who has been 
disqualified shall be given wntten notification by 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



1203 



PROPOSED RULES 



the Board of his disqualification and the reasons 
therefor and of his right to a hearing. 

(b) Upon the failure of any examination the 
fourth time, the AM will be disqualified from 
continuing m the prouam. Nothing m this Rule 
shall be construed to pre\ent the apphcan t from 
reapphiniz for entrance to the A 11 program. 

Siatuwn- Authority G.S. 90-278: 90-285. 

■k-:k-k:k:k'k-k'k-k'k-k-k'k-k-k-k-k-:k 



No 



otice is hereby gh-en in accordance with G.S. 
J SOB- J 2 that the State Board of E.xaminers of 
Phmibing, Heating and Fire Sprinkler Contractors 
intends to amend rule(s) cited as 21 \CAC 50 
.0/05. .0301. .0309. .0404, .0407, .0411, .0505. 
and .1/02. 

1 he proposed effecti\-e date of this action is May 
1. /99/. 



Th 



he piibhc hearing will be conducted at 8:30 
a.m. on February 13, /99/ at the State Board of 
Examiners of Plumbing, Heating and Fire Sprin- 
kler Contractors. 806 Raleigh Building, h5 West 
Hargett Street. Raleigh. .V. C. 27602. " 



Co 



' omment Procedures: Persons wishing to pres- 
ent oral data, views or argument on a proposed 
nde or rule change may fde a notice with the 
Board at least /O days prior to the public hearing 
at which the person wishes to speak. Comments 
sfjould be limited to /O minutes. The address of 
the Board is P.O. Box 110, Raleigh, .V.C. 27602. 
Written comments or arguments may be presented 
at any time before February 13. 199/ . 

CH.VPTER 50 - BOARD OF PLLMBING .\ND 
HEATING CONTRACTORS 

SECTION .0100 - ORGANIZATION 

.0105 MEETINGS OF BOARD: QLORLM 

fa) Regular meetings of the Board shall be held 
during April and October of each year and addi- 
tional meetings may be held at such other times 
and places as the Board deems wise and neces- 
sary. 

fb-^ P«f tl*^ purpof 'e e4' administering e xamina 
tionv. a- quo Rim '' hall conMOt e4" thrt' e memborn. 
»fte t4 V i hom I' liiill b^ aft officor: fof all othu'r 
purpovO 'i a quorum r . hall cou '. i '. t ftf fo«f mom 
bLM '. . w+e t*f whom i . hall be aft otficor. 

Statuton- Authority G.S. 87-/8: 87-19. 



SECTION .0300 - EXAMINATIONS 

.O.Wl QUALIFICATIONS DETERMINED 
BY EXAMINATION 

(a) In order to determine the qualifications of 
an applicant, the Board shall provide a written 
examination in the following categories: 
Plumbing Contracting, Class I 

Plumbing Contracting, Class II 
Heating, Group No. 1 - Contracting, Class I 
Heating, Group No. 1 - Contracting, Class II 
Heating, Group No. 2 - Contracting, Class I 
Heating, Group No. 3 - Contracting, Class I 
Heating, Group No. 3 - Contracting, Class II 

(b) Each applicant shall be required to read, 
interpret and provide written answers to all parts 
of the examinations required by G.S. 87-21(b), 
except during oral examinations provided pursu- 
ant to G.S. 87-21(b). 

(c) Applicants for licensure as a fire sprinkler 
contractor other than pursuant to G.S. 87-21(h) 
must submit e\idence of current certification by 
the National Institute for Certification and Ensa- 



neering Technology ( NICE 1) for Eire Protection 
Engineenng technician. I evcl III, subfield of 
Automatic Spnnkler S\stem Eavout as the pre- 
requisite for licensure. Current certification by 
NIC 1 I is in lieu of separate examination con- 
ducted by the Board. 

Statutory^ Authority G.S. 87-18: 87-21 (a). 

.0309 EXPANDING SCOPE OF LICENSE 

(a) Any licensee holding a license as an indi- 
vidual, or a licensee whose name appears on the 
certificate of license issued in the name of a cor- 
poration, partnership, or business that has a trade 
name, may be examined for the purpose of ex- 
pansion of his license qualifications without de- 
posit of an additional annual license fee upon 
payment of the required examination fee except 
that licensees seeking to add qualification as a tire 
spnnkler contractor must pa\' the license fee for 
that qualification. 

(b) A current license limited to cities or towns 
of less than 10,000 population may be expanded 
to statewide in scope without examination, upon 
payment of the license fee as prescribed by Rule 
.1103 of this Chapter. 

Statutory .Authority G.S. 87-18: 87-21 (b): 87-25. 

SECTION .0400 - GENERAL PROCEDURES 



.0404 ACTIX E EMPLOYMENT 

(a) In each separate place of business or branch 
thereof operated by a contractor licensed by the 
Board, there shall be on active on site employ- 



1204 



5:19 NORTH CAROLINA REGISTER Janttarv 2, 1991 



PROPOSED RULES 



ment a person licensed in accordance with the 
provisions of G.S. 87, Article 2 and whose duties 
are to supervise all plumbing inritallationr i , hoat 
ifig ingtallutiono, &f both installations falling 
within his license qualification. 

(b) Separate place of business or branch thereof 
shall mean any office or facility of any kind: 

(1) from which plumbing, ef heating or fire 
sprinkler business is solicited or con- 
ducted; 

(2) from which plumbing, »f heating or fire 
sprinkler contracts are negotiated or en- 
tered into; or 

(3) from which requests for plumbing, &f 
heating or fire sprinkler work or service 
requiring a hcense are received and ac- 
cepted. 

(c) A temporary faciUty used solely to conduct 
the plumbing, e* heating or hre sprinkler busi- 
ness involved in an existing contract or contracts 
entered into by the main license office and from 
which no new business is solicited or conducted 
shall not be deemed a separate place of business 
or branch thereof. 

Siatuton- Authoritv G.S. 87- IS; 87-21 (a) (5); 
87-21 (a)(6): 87-26. 

.0407 COKPOR.UIONS: PARTNERSHIPS: 
ANO TRADE NAMES 

(a) A license may be issued or renewed in the 
name of a corporation, partnership, or business 
with a trade name upon compliance with the 
provisions of G.S. 87-26, verified by the exe- 
cution of forms furnished by the Board. 

(b) Additional Hcensees may be added to li- 
censes issued in the above manner upon verifica- 
tion of compliance with the provisions of G.S. 
87-26. In the event a licensee terminates his as- 
sociation with a corporation, partnership, or 
business with a trade name, he shall immediately 
notify the executive secretary of the Board. 

(c) A person who has a license which has been 
expired less than three years may be added to an 
active hcense issued in the name of a corporation, 
partnership or business with a trade name, with 
e4rt paymont by tfee fei«- »f »» additional liconso 
fee upon written request, aft4 completion of 
forms pro\ided by the Board and payment of the 
fee set forth in Rule . 1 102 of this Chapter. 

(d) The license number assigned to a corpo- 
ration, partnersliip, or business w ith a trade name 
shall be that of the first Ucensee listed on the li- 
cense. 

Statutory .■iuthohty G.S. 87-/8; 87-22; 87-26. 

.0411 PLBLICATIONS 



The following publications are available from 
the Board: 
(1) laws applicable to plumbing, heating and 
aif conditioning fire sprinkler contracting in 
the State of North Carolina; 
rules of the Board; 

suggested study references for the qualifying 
examinations conducted by the Board; 

register of hcensees and supplements 
thereto. 



(2) 
(3) 

(4) 



Statutoiy Authority G.S. 87-18. 

SECTION .0500 - POLICY ST.VTEMENTS AND 
INTERPRETATIVE RLLES 

.0505 GENERAL SUPERVISION AND 
STANDARD OF COMPETENCE 

(a) The general supervision required by G.S. 
87-26 is that degree of supervision which is nec- 
essary and sufficient to ensure that the contract 
is performed in a workmanlike manner and with 
the requisite skill and that the installation is made 
properly, safely and in accordance with applica- 
ble codes and rules. General supervision requires 
that review of the work done pursuant to the h- 
cense be performed while the work is In progress. 

(b) The Board recognizes the provisions of the 
North Carolina Building Code, including the 
provisions of the Southern Building Code to the 
extent adopted bv the Building Code Council of 
North Carolina from tune to time as the mini- 
mum standard of competence apphcable to con- 
tractors licensed bv the Board. Licensees are 
required to design and install systems which meet 
or exceed the minimum standards of the North 
Carolina State Building Code and Manufactur- 
er's specifications and installation instructions 
and accepted standards prevailing in the industry. 

Statutory Authority G.S. 87-/8; 87-23; 87-26. 

SECTION .1100 - FEES 



.1102 LICENSE FEES 

(a) The annual hcense fee for statewide 
plumbing and heating hcenses issued in the name 
of an induidual, corporation, partnership, or 
busmess with a trade name is sixty dollars 
(S60.00). 

(b) The annual license fee for plumbing and 
heating hcenses limited in scope to cities or towns 
of less than 10,000 population and issued in the 
name of an individual, corporation, partnership 
or business with a trade name is thirty dollars 
($30.00). 

(c) The annual hcense fee for an individual who 
is not actively engaged in the business of plumb- 



5:19 NORTH CAROLINA REGISTER January 2, 1 991 



1205 



PROPOSED RULES 



ing or heating contracting by reason of full-time 
employment as a local government plumbing, 
heating or mechanical inspector and who holds 
qualifications from the Code OfTicials Qualifica- 
tion Board is ten doUars ($10.00). 

(d) The initial apphcation fee for Ucense as a 
fire sprinkler contractor is seventv-five doUars 
(S75.00|. The annual license fee for statewide Li- 
censes issued to a fixe sprinkler contractor m the 
name of an individual, corporation, partnership 
or business with a trade name is two-hundred 
seventv-five dollars (S275.00). 

(e) The annual hcense fee for an individual 
whose quaUfications are listed as the second or 
subsequent individual on a corporation, partner- 
ship, or business with a trade name under Para- 
graphs (a). (_b| or kl] of this Rule is ten dollars 
(SIO.OO). 

Stanaon Authority G.S. S7-1S; S7-22.1. 

TITLE 25 OFFICE OF ST.ATE 
PERSONNEL 



iS otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Office of State Personnel State 
Personnel Commission intends to amend rules 
cited as 25 XCAC IL .0202 and .0203. 



1 he proposed effecttv-e date of this action is Mav 
1. 1991. 

1 he public hearing will be conducted at 9:00 
a.m. on February 5, 1991 at the State Personnel 
Development Center, 101 West Peace Street, 
Raleigh, X. C. 



Co 



omment Procedures.- Interested persons may 
present statements orally or in writing at the 
hearing or in writing prior to the hearing by mail 
addressed to: Drake Maynard, Office of State 
Personnel, 1 16 W. Jones Street, Raleigh. S. C. 
2^603. 



CH.APTER 1 - OFFICE OF STATE PERSONNEL 

SUBCHAPTER IL - AFFIRM.\TIVE ACTION 

SECTION .0200 - ACQUIRED IMMUNE 

DEFICIENCY S^N-DROME (AIDS) IN THE 

WORKPLACE 

.0202 B.XSIC EDUCATION AND 
TRAINING COMPONENT 

(b) Through the WISE program coordinators 
in each agency or other appropriate resources 
designated by the agency head, and with the as- 
sistance of professional health educators, all em- 
ployees win be offered training within twe- three 
years from the adoption of this policy, and 
thereafter for new employees within six months 
of initial employment. A Cortificato ©f Com 
plotion Vr4ii bocom e a part »f Ae omployoo'o 
poroonnol record. Each agency will document 
the completion of its training program bv each 
employee in a manner that is both satisfactor\' to 
the agency and which may be audited to insure 
compliance with this Rule. A copy of the man- 
ner in which this traimng wiU be documented for 
each employee shall he tiled with the Equal Em- 
ployment Services Division. Oflice of State Per- 
sonnel. 

Statutory Authority G.S. 126-4. 

.0203 AD\.\NCED EDUCVTION AND 
TRAINING COMPONENT 

(b) Each agency with employees requiring ad- 
vanced training wiU provide such training V i ithin 
si* months from the adoption ©+" tki* policy, bv 
November J_^ 1991. Agencies must provide 
training for new employees during their work 
orientation period. The Agency shaU appropri- 
ately document the employees' comphance with 
this policy. 

Statutory Authority G.S. 126-4. 



1206 



5:19 AORTH CAROLIi\A REGISTER January 2, 1991 



ARRC OBJECTIONS 



Tk 



he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. l43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
143B-30.2(d). 



ECONOMIC AND COMMUNITY DEVELOPMENT 



Credit Union Division 

4 NCAC 6C .0203 - fields of Membership 
Agency Revised Rule 

ENTIRON.MENT, HEALTH, AND NATURAL RESOURCES 

Environmental Health 

ISA NCAC ISC .0102 - Definitions 

15A NCAC ISC .1532 - Variances and E.xemptions 

ISA NCAC ISC .1534 ■ Max Contaminant Levels for CoUform Bacteria 

ISA NCAC ISC .2001 - General Requirements 

ISA NCAC ISC .2002 - Disinfection 

ISA NCAC ISC .2003 - Filtration 

ISA NCAC ISC .2004 - Analytical and Monitoring Requirements 

ISA NCAC ISC .2005 - Criteria for Avoiding Filtration 

Environmental Management 

ISA NCAC 2H .1203 - Public Notice 

Agency Revised Rule 
ISA NCAC 2N .0703 - Initial Abatement Measures and Site Check 
ISA NCAC 2N .0704 - Initial Site Characterization 

Marine Fisheries 

ISA NCAC 3C .0311 - Cancellation 

Agency Revised Rule 
ISA NCAC 3N .0001 - Scope and Purpose 

Agency Revised Rule 
ISA NCAC 30 .0203 - Shellfish Lease Application Processing 

Agency Re\'ised Rule 

Solid Waste Management 

ISA NCAC I3B .1003 - Eligible Purposes 

Agency Revised Rule 
ISA NCAC I3B .1005 - Priority Factors 

Agency Revised Rule 

Wildlife Resources Commission 

ISA NCAC I OH .0302 - Minimum Standards 
Agency Revised Rule 



ARRC Objection 8116/90 
Obj. Removed 9 1 20 j 90 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



101 1 8190 
101 1 8190 
10118190 
10118/90 
101 18190 
10/18190 
10/18/90 
10/18/90 



ARRC Objection 8/ 16/90 
Obj. Removed 9/20/90 
ARRC Objection 11/14/90 
ARRC Objection 11/14/90 



ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



9/20/90 
10/18/90 
8/16/90 
9/20/90 
8/16/90 
9/20/90 



ARRC Objection 8/16/90 

Obj. Removed 9/20/90 

ARRC Objection 8/16:90 

Obj. Removed 9/20/90 



ARRC Objection 9120/90 
Obj. Removed 10/ IS/90 



5:19 NORTH CAROLINA REGISTER January 2, 1 99 1 



1207 



ARRC OBJECTIONS 



HUMAN RESOURCES 

Facility Semces 

10 NCAC 3R .2113 - Definitions 

Agency Revised Rule 
10 .\CAC 3R .21/5 - Seed for Services 

Agency Revised Rule 
10 S'CAC 3V .0303 - Insurance Required 

Indi\'idual and Family Support 

10 XCAC 42C .3301 - Existing Building 

10 NCAC 42D .1401 - Qualifications of Administratori Co-Administrator 

INSURANCE 

Agent Senices Division 

11 NCAC 6A .0702 - Prelicensing Education Schools 
Agency Revised Rule 

Financial Evaluation Di\ision 

// NCAC I IB .0607 - Application - Employers 

Agency Returned Rule Without Change 
11 NCAC IIB .0610 - Application - Groups 

Agencv Returned Rule Without Change 

LICENSING BOARDS AND COMMISSIONS 

Medical Examiners 

21 NCAC 32.\I .0007 - Termination ofNP Approval 

Physical Therapy 

21 NCAC 4SC .0102 - Responsibilities 

Agency Returned Ride Unchanged 
21 NCAC 4SC .050/ - Exemption for Students 

Agency Returned Rule Unchanged 

Plumbing and Heating Contractors 

2/ NCAC 50 ./203 - Disposition of Petitions 
21 NCAC 50 .1207 - Request to Participate 

PUBLIC EDUCATION 

Elementary and Secondary" Education 

16 NC.iC 6C .03/2 - Certificate Suspension and Revocation 

Agency Revised Rule 
16 NCAC 6D .0105 - Use of School Day 

Objection Reconsidered and Failed 

Clincher Motion Passed 

Agency Filed Rule for Codification in the NCA C 



ARRC Objection 9/ 20190 
Obj. Removed 9121190 
ARRC Objection 9!20;90 
Obj. Removed 9j21i90 
ARRC Objection 1 1114190 



ARRC Objection 11I14J90 
ARRC Objection 11/14/90 



ARRC Objection SI 16/90 
Obj. Removed 9; 20/90 



ARRC Objection 81 16/ 90 
9/20/90 

ARRC Objection S/16'90 
9/20/90 



ARRC Objection 11/14/90 



ARRC Objection 9i 20/90 
No Action 10/18/90 

ARRC Objection 9I20;90 
No Action 10/18/90 



ARRC Objection 11/14 90 
ARRC Objection lli 14,90 



ARRC Objection 8' 16 90 

Obj. Removed 9/20/90 

ARRC Objection 6-21 : 90 

7/19.90 

9i28i90 



120S 



5:19 NORTH CAROLINA REGISTER January 2, 1 99 1 



ARRC OBJECTIONS 



STATE PERSONNEL 



25 NCAC IB .0/07 - Personnel Commission Meetings 


ARRC Objection 


9/20190 


25 NCAC IB .0108 - Commission Staff 


ARRC Objection 


9/20190 


25 NCAC IB .0109 - Commission Actions 


ARRC Objection 


9/20/90 


25 NCAC IB .0110 - Motions 


ARRC Objection 


9120/90 


25 NCAC IB .0111 - Voting 


ARRC Objection 


9/20/90 


25 NCAC IB .0112 - Abstention 


ARRC Objection 


9/20/90 


25 NCAC IB .0113 - Duties of the Chairman 


ARRC Objection 


9/20190 


25 NCAC IB .0114 - Order of Business 


ARRC Objection 


9/20/90 


25 NCAC IB .0115 - Special Meetings 


ARRC Objection 


9/20/90 


25 NCAC IB .01 16 - Duties of Chairman Betv^'een Meetings 


of the Comm ARRC Objection 


9/20/90 


25 NCAC IB .0117 - Standing,' Special Committees 


ARRC Objection 


9/20/90 


25 NCAC IB .0118 - Minutes 


ARRC Objection 


9/20/90 


25 NCAC IB .0119 - Notice of Commission Action 


ARRC Objection 


9120/90 


25 NCAC IB .0120 - Appointment of Vice-Chairman 


ARRC Objection 


9120/90 


Agency Withdrew Rules .0107 - .0120 




10/ IS/90 


25 NCAC IL .0201 - Purpose 


ARRC Objection 


9120/90 


25 NCAC IL .0202 - Policy 


ARRC Objection 


9120/90 


Agency Withdrew Rules .0201 - .0202 




10/18/90 


25 NCAC IL .0206 - Anti-Discrimination 


ARRC Objection 


9/20/90 


Agency Revised Rule 


Obj. Removed 


9/21/90 


25 NCAC IL .0207 - Testing and Examination 


ARRC Objection 


9/20/90 


Agency Revised Rule 


Obj. Removed 


9/21/90 



STATE TREASURER 



Local Government Commission 



20 NCAC 3 .1003 - Petition for Hearing 

Agency Revised Rule 
20 NCAC 3 .1004 - Hearing Officer 

Agency Withdrew Rule 



ARRC Objection 
Obj. Removed 



9/20/90 
9/20/90 

9/20/90 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



1209 



RULES INVALID A TED BY JUDICIAL DECISION 



Tk 



his Section of the Register lists the recent decisions issued by the Xorlh Carolina Supreme Court, 
Court of Appeals, Superior Court iwhen available I, and the Office of Administrative Hearings which 
im-alidate a rule in the Sorth Carolina Adniinislrative Code. 



10 XCAC IB .0202(c) - REQUEST FOR DETER.MI.XA TIO\ 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in AViv Hanover Memorial Hospital, Inc., Petitioner v. X.C. 
Department of Human Resources, Division of Facilitv Services, Certificate of Xeed Section, Respondent 
(90 DHR 0792). 

10 .\CAC IB .0202(c) - REQUEST FOR DETERMINA TIO.\ 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Llearings, declared Rule 
10 NCAC IB .0202(c) \oid as applied in High Point Regional Hospital. Inc.. Petitioner v. Department 
of Human Resources. Division of Facility Services, Certificate of Seed Section. Respondent (90 DHR 
0770). 

10 NCAC 3R .0317(g) - UlTHDRA UAL OF A CER TIFICA TE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Llearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Davin Health Care, a Xorth Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Xeed Section, Respondent (90 
DHR 0296). 

10 NCAC 3R .03n(g) - UITHDRAWAL OF CERTIFICATE 

Michael Ri\'ers Morgan, Administrative Law Judge with the Office of Administrative Hearings, de- 
clared Rule 10 NCAC 3R .0317(g) void as applied in .Autumn Corporation, Petitioner v. X.C. Depart- 
ment of Human Resources. Division of Facility Services, Certificate of Xeed Section, Respondent (90 
DHR 0321 and 90 DHR 0318). 

10 NCAC 261 .0101 - PURPOSE: SCOPEjNOTlCE OF CHANGE IN LEVEL OF CARE 

10 .\CAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West. Administrative Law Judse with the Office of Administrative Hearings, declared Rules 
10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as appUed^in Linda .Hired, 
Petitioner v. Xorth Carolina Department of Human Resources, Dh-ision of Medical .Assistance. Re- 
spondent (90 DHR 0940). 

/// NCAC 42n .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
1 .\CA C 42n .0005 - REP OR TING CA SES OF RAPE A ND INCES T 

The North Carolina Court of Appeals per, Judce Robert L. Orr, declared Rules 10 NCAC 42W 
.0003(c) and 10 NCAC 42W .0005 void as applied m /?a«/t;>z Whittington, Daniel C Hudgins, Dr. Takey 
Crist. Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc.. Plaintiffs v. The .Xorth 
Carolina Departtnent of Human Resources, Da\-id Flaherty, in his capacity as Secretary of the Xorth 
Carolina Department of Human Resources. The Xorth Carolina Social Senices Commission, and C. 
Bany McCartv. in his capacity as Chairperson of the Xorth Carolina Social Services Commission, De- 
fendants [\00 N.C. App. " (1990)]. 



I2I0 5:19 NORTH CAROLINA REGISTER January 2, 1991 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code ( NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCA C is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THE NORTH CAROLINA ADMINISTRATPV E CODE 



ITLE 


DEPARTMENT 


LICENSESG BOARDS 


CHAPTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


. 16 


8 


niections 


Electrical Contractors 


18 


9 


Governor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing Aid Dealers and Fitters 


22 


12 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


MidwifePv^ Joint Committee 


33 


16 


Public Education 


Mortuar\- Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretarv' of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry 


42 


22 


Administrative Procedures 


Osteopathic Exanrination and 


44 


23 


Community CoDeges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing and Heating Contractors 


50 






Podiatrv' Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Sur\-eyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Vctcrinar\- Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



nil 



CUMULA TIVE INDEX 



CUMULATIVE ISDEX 

(April 1990 - March 1991) 



1990 - 1991 



Pages 



Issue 



1 - 151 1 - ApriJ 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4 - May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - July 

604 - 635 9 - August 

636 - 723 10 - August 

724 - 791 11 - September 

792 - 859 12 - September 

860 - 895 13 - October 

896 - 956 14 - October 

957 - 1009 15 - Noyember 

1010 - 1059 16 - Noyember 

1060 - 1106 17 - December 

1107 - 1176 18 - December 

1177 - 1214 19 - January' 



AG - Administratiye Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Fmal Rule 

GS - General Statute 

.JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - J'cmporar\' Rule 



ADMIMSTRATION 

Auxili;ir>- SerMces, 860 PR 

State Property and Construction. 411 PR 

ADMIMSTRATI\K HEARINGS 

Rules Diyision, 792 PR 

AGRICULTURE 

Markets, 737 PR 

Plant Conser\'ation Board, 1 PR 

Plant Industrv-, 739 PR 

State Fair, 737 PR 



1212 



5:19 NORTH CAROLINA REGISTER January 2, 1991 



CUMULA TIVE INDEX 



Structural Pest Control Committee, 7 PR 

COM.MLAITY COLLEGES 

Community Colleges, Department of, 1031 PR 

CORRECTION 

Division of Pnsons, 762 FR, 867 FR, 938 FR, 1035 FR 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 53 PR, 804 PR 
Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMIAITV DE\ ELOPMENT 

Banking Commission, 16 PR, 1062 PR, 1108 PR 

Communitv Assistance, 25 PR. 317 PR, 1110 PR 

Credit Union, 317 PR, 860 PR 

Energy Division, 1013 PR 

Hazardous Waste Management, 742 PR, 1 109 PR 

Milk Commission, 24 PR, 741 PR 

ENATRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR, 979 PR 

Environmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR, 

1121 PR, 1185 PR 
Health Ser\'ices, 190 PR, 565 PR, 816 PR, 860 PR, 1123 PR, 1188 PR 
Land Resources, 744 PR 
Manne Fisheries, 63 PR, 484 PR, 805 PR 

Wastewater Treatment PUint Operators Certification Commission, 551 PR 
Water Treatment Facilitv Operators Board of Certillcation, 621 PR, 983 PR 
Wildlitt' Resources and Water Safetv, 137 PR, 206 PR, 293 PR, 349 PR, 438PR, 563 PR, 748 PR, 815 PR, 

924 PR, 1020 PR, 1074 PR, 1186 PR 

FESAL DECISION I ETFERS 

Votmg Rights Act, 241, 286, 316, 605, 638, 792, 957, 1011, 1061, 1107 

FINAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR,842 FR, 944 FR, 1047 FR, 
1166 FR 

GO\ ERNOR/LT. GOVERNOR 

Executive Orders, 236, 313, 408. 474, 514, 604, 636, 724, 896, 1010, 1060 

HUMAN RESOURCES 

Agina, Di\ision of, 704 PR 

Drua'Commission, 870 FR, 939 FR 

Facilitv Services, 516 PR, 702 PR, 958 PR, 1 1 16 PR 

Heahh Senices, 152 PR, 245 PR 

Medical Assistance, 191 PR, 911 PR, 1018 PR 

Mental Heahh, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR, 898 PR 

Services for the Blind, 412 PR 

Services for the Deaf and the Hard of Hearing, 1065 PR 

Social Services, 247 PR, 607 PR, 976 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

Youth Ser\'ices, 261 PR 

INSURANCE 

Actuarial Services Di\ision, 480 PR 
Agent Ser\'ices Division, 321 PR, 520 PR 
Engineering and Building Codes, 793 PR 



5:19 NORTH CAROLINA REGISTER January 2, 1991 1213 



CUMULA TIVE INDEX 



Financial livaluation Division, 342 PR, 525 PR 
Fire and Casualty Division, 335 PR, 478 PR, 796 PR 
Life: Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR 
Medical Database Commission, 1120 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR, 1 178 PR 

Sheriffs' St;indards Division, 608 PR 

LICENSING BOARDS 

Architecture, Board of, 1 162 PR 

Auctioneers Commission, 1093 PR 

Certified Public Accountant Examiners, 983 PR 

Cosmetic /\rt Examiners, Board of 355 PR, 708 PR, 927 PR 

Dental Examiners, Board of 1196 PR 

F'lectrical Contractors, Board of Examiners of, 356 PR 

Medical Examiners, Board of 207 PR, 838 PR, 862 PR 

Midwifery Joint Committee, 994 PR 

Mortuary Science, Board of, 749 PR 

Nursing," Board of, 300 PR, 496 PR, 994 PR. 1096 PR, 1199 PR 

Nursing Home Administrators, Board of, 750 PR, 1203 PR 

Pharmacy, Board of, 1031 PR 

Physical Therapy Examiners, Board of, 443 PR 

Plumbing and Heating Contractors. Examiners, 621 PR, 1204 PR 

Practicing Psvcholoeists. Board of 755 PR 

Real Estate Commission, 625 PR, 863 PR 

NOTICE OF PE riTION 

Municipal Incorj-ioration, 1177 

PUBLIC EDUCATION 

Elcmcntan- and Secondar>-, 141 PR, 275 PR, 351 PR, 1028 PR. 1160 PR 

RE\ENIE 

Individual Income Tax, 359 ER, 1036 ER 
License and Excise Tax Division, 445 ER 
Sales and Use Tax, 213 FR. 453 ER, 872 ER 

SECRELARV OF STATE 

Corporations Duision, 489 PR 

Securities Division, 293 PR, 495 PR, 927 PR, 1029 PR 

STATE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR, 1206 PR 

STATE TREASl RER 

Department Rules, 352 PR 

Local Government Commission, 352 PR. 442 PR, 1195 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTAIION 

Iliizhwavs, Division of 765 ER, 883 ER, 1038 FR 
Motor Vehicles, Division of 222 ER, 773 FR, 943 FR 



1214 5.19 NORTH CAROLINA REGISTER January 2, I99I 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of J 5,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
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Crime Control and 
Public Safety 
EHNR (includes EMC) 
EHNR 

Coastal iManagement 
EHNR 
Wildlife 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 
30.00 
30.00 
30.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 
90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 




29 




30 




31 




32 




33 




34 




35 




36 




37 




38 






Continued 



Volume 


Title 


Chapter 


Subject 


New 
Subscription* 


Quantity- 


Total 
Price 


39 


15A 
15A 

16 

17 

17 

18 

19A 

20 

21 

21 

21 

22 

23 

24 

25 

26 


11 - 18 
19- 26 

1 - 6 
1 - 6 
7- 11 
1 - 7 
1 - 6 
1 - 9 
1 - 16 ' 
17- 37 
38 - 70 
1 - 2 
1 - 2 
1 - 2 

1 - 4 


EHNR 
EHNR 

(includes Breathalizer) 
Education 
Revenue 
Revenue 

Secretary- of State 
Transportation 
Treasurer 
Licensing Boards 
Licensing Boards 
Licensing Boards 
Administrative Procedures 
Community Colleges 
Independent Agencies 
State Personnel 
Administrative Hearings 


90.00 

75.00 
30.00 
75.00 
60.00 
30.00 
90.00 
45.00 
75.00 
75.00 

75.00 
10.00 
10.00 
60.00 
10.00 

Total 






40 






41 






42 






43 






44 






45 






46 






47 






48 






49 






50 






51 






52 






53 













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Subscription years are January I through December 31. 



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